Kathryne Mary Rose Shaw (VSB #89561) 

Boleman Law Firm, P.C. 

Convergence Center III 

272 Bendix Road, Suite 330 

Virginia Beach, VA 23452 

Telephone: (757) 313-3000 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Norfolk Division 

 

In re: Quentin James Legg, III

Debtor 

Case No. 17-74404-FJS

Chapter 13

Address: 1064 Haygood Estate Ln. 

 Virginia Beach, VA 23455 

Last four digits of Social Security No: xxx-xx-0411 (Debtor) 

NOTICE OF OBJECTION TO CLAIM

 The above named Debtor has filed an Objection to Claim in this bankruptcy case. 

 Your claim may be reduced, modified or eliminated. You should read these papers 

carefully and discuss them with your attorney, if you have one.

 If you do not want the Court to eliminate or change your claims, then no later than 30 

days from the date of this notice, you or your attorney must: 

 File with the Court a written response to the objection, explaining your position, at: 

 Clerk of Court 

 United States Bankruptcy Court 

600 Granby Street, 4th Floor 

Norfolk, VA 23501 

 If you mail your response to the Court for filing, you must mail it early enough so that the 

Court will receive it on or before the date stated above. 

You must also send a copy to: 

 

 Boleman Law Firm, P.C. 

 Convergence Center III 

 272 Bendix Road, Suite 330 

Virginia Beach, VA 23452 

Case 17-74404-FJS Doc 17 Filed 03/09/18 Entered 03/09/18 13:53:35 Desc Main

 Document Page 1 of 7
If you or your attorney do not take these steps, the court may decide that you do not 

oppose the objection to your claim. 

Dated: March 9, 2018 BOLEMAN LAW FIRM, P.C. 

Counsel for Debtor 

 

 By: /s/ Kathryne Mary Rose Shaw

Kathryne Mary Rose Shaw (VSB #89561) 

Boleman Law Firm, P.C. 

Convergence Center III 

272 Bendix Road, Suite 330 

Virginia Beach, VA 23452 

Telephone (757) 313-3000 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

 I certify that on March 9, 2018 a copy of the foregoing has been sent to the Chapter 13 

Trustee via the Court’s CM/ECF system and mailed via first class mail to the following: 

Cavalry SPV I, LLC 

c/o Bass & Associates, P.C. 

3936 E. Ft. Lowell Road 

Suite 200 

Tucson, AZ 85712 

Quentin James Legg, III 

1064 Haygood Estate Ln. 

Virginia Beach, VA 23455 

 /s/ Kathryne Mary Rose Shaw 

 Counsel for Debtor 

Case 17-74404-FJS Doc 17 Filed 03/09/18 Entered 03/09/18 13:53:35 Desc Main

 Document Page 2 of 7
Kathryne Mary Rose Shaw (VSB #89561) 

Boleman Law Firm, P.C. 

Convergence Center III 

272 Bendix Road, Suite 330 

Virginia Beach, VA 23452 

Telephone: (757) 313-3000 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Norfolk Division 

 

In re: Quentin James Legg, III

Debtor 

Case No. 17-74404-FJS

Chapter 13

 

OBJECTION TO CLAIM NO. 8-1 AND MEMORANDUM IN SUPPORT

 Quentin James Legg, III, by counsel, files this Objection to the Proof of Claim (Claim 

No. 8-1) filed by Cavalry SPV I, LLC, as assignee of Capital One, N.A., pursuant to 11 U.S.C. § 

502, Federal Rules of Bankruptcy Procedure 3001, 3007 and 9014, and Local Bankruptcy Rules 

3007-1 and 9013-1. In support thereof, Debtor respectfully states the following: 

Jurisdiction

 1. Jurisdiction of this Court over the instant matter is based upon 28 U.S.C. §§1334 

and 157 in that this action arises in and relates to the bankruptcy case of the Debtor, a chapter 13 

case having been filed in this Court on December 11, 2017.

2. This proceeding is a core proceeding under 28 U.S.C. §157(b)(2)(A), (B), (K), 

and (O). 

3. Venue is proper pursuant to 28 U.S.C. §1409. 

Parties 

4. Quentin James Legg, III (the “Debtor”) is the debtor in this case. 

5. Respondent Cavalry SPV I, LLC (“Cavalry”) is a foreign limited liability 

company registered with the Virginia State Corporation Commission that filed a proof of claim 

in the instant case. 

Case 17-74404-FJS Doc 17 Filed 03/09/18 Entered 03/09/18 13:53:35 Desc Main

 Document Page 3 of 7
Facts

 6. Cavalry’s Proof of Claim sets forth its claim as follows: Unsecured in the amount 

of $338.02. 

 7. Cavalry’s claim states in Part 2, Box 7 of the Proof of Claim that no interest or 

other charges are included in the claim amount. 

 8. The second attachment to Cavalry’s Proof of Claim form purports to be an 

account summary (the “account summary”) setting forth the following information: (1) that the 

“principal due” is $338.02, (2) “interest due” is $0.00, (3) that “all other charges” total $0.00, 

and (4) that the entity from whom Cavalry purchased the account Capital One, N.A.. Debtor 

denies the accuracy of these statements in the account statement. 

 9. Cavalry’s Claim has a document attached to it that purports to be a Credit Card 

Statement from Capital One, N.A. (the “Statement”). 

 10. The Statement sets forth the following information, among other things: 

 a. The previous balance was $302.74; 

 b. The new balance was $338.02; 

 c. Fees charged were $29.00; 

 d. Interest charged was $6.28; 

 e. Total fees charged in 2017 were $133.00; and 

 f. Total interest charged in 2017 was $54.69. 

 11. Cavalry’s claim relates to a credit contract on which interest and fees are regularly 

assessed. Debtor asserts that Cavalry’s account statement does not properly, accurately, or 

truthfully itemize the interest, fees, and other costs embedded in the claim amount. 

Case 17-74404-FJS Doc 17 Filed 03/09/18 Entered 03/09/18 13:53:35 Desc Main

 Document Page 4 of 7
Discussion 

 12. Pursuant to 11 U.S.C. § 502(a), a claim is “deemed allowed, unless a party in 

interest . . . objects.” 

 13. Pursuant to 11 U.S.C. § 502(b)(1), where an objection is made to a claim, the 

Court “shall determine the amount of such claim . . . and shall allow such claim in such amount, 

except to the extent that . . . [ ] such claim is unenforceable against the debtor(s) and property of 

the debtor(s), under any agreement or applicable law . . . .” 

14. Pursuant to Federal Rules of Bankruptcy Procedure 3001(c)(2), “If, in addition to 

its principal amount, a claim includes interest, fees, expenses, or other charges incurred before 

the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be 

filed with the proof of claim.” 

15. Pursuant to Federal Rules of Bankruptcy Procedure 3001(c)(3)(B), “On written 

request by a party in interest, the holder of a claim based on an open-end or revolving consumer 

credit agreement shall, within 30 days after the request is sent, provide the requesting party a 

copy of the writing [upon which the claim is based].” 

16. Pursuant to Federal Rules of Bankruptcy Procedure 3001(f), “a proof of claim 

executed and filed” in accordance with the rules “shall constitute prima facie evidence of the 

validity and amount of the claim.” 

First Objection to Claim 

 17. Cavalry’s account statement falsely attests under oath that the claim amount 

includes $0.00 in interest and $0.00 in other charges. It fails to separately state anything 

regarding the fee amounts embedded in the claim amount. 

 18. Cavalry’s account statement is directly contradicted by its own sworn statement in 

Case 17-74404-FJS Doc 17 Filed 03/09/18 Entered 03/09/18 13:53:35 Desc Main

 Document Page 5 of 7
Part 2, Box 7 of the Proof of Claim and by the Credit Card Statement. Accordingly, Debtor is 

unable to efficiently use the Proof of Claim to determine what part of the amount claimed by 

Cavalry is attributable to principal, and what amount to interest and fees. 

 19. Under Federal Rules of Bankruptcy Procedure 3001(c)(2)(D), and after further 

Motion by the Debtor, this Court should preclude Cavalry from presenting any evidence to the 

contrary of what it has sworn to in its claim, dismiss Cavalry’s claim, and award other 

appropriate relief, including reasonable expenses and attorneys’ fees. 

Second Objection to Claim 

 20. Debtor’s Schedules do not include any debt to Cavalry and, accordingly, Debtor 

denies owing a debt to Cavalry and requests strict proof thereof. 

 21. Debtor specifically asserts, pursuant to 11 U.S.C. § 502(b)(1) and (9), that 

Cavalry cannot enforce this debt against him. 

 22. Debtor affirmatively asserts that Cavalry failed to attach the writing upon which 

Cavalry’s claim is based. Pursuant to Federal Rule of Bankruptcy Procedure 3001(c)(3)(B), the 

Debtor requests that Cavalry provide him with a copy of the writing upon which the claim is 

based, or a statement of the circumstances of the loss or destruction of such writing, within 30 

days. 

 WHEREFORE, Debtor respectfully requests that the Court sustain this Objection to 

Claim, disallow the claim, grant Debtor leave to file a separate Motion seeking appropriate 

sanctions against Cavalry including the Debtor’s reasonable attorney fees and expenses, and 

order such other and further relief as is just and proper. 

 

Case 17-74404-FJS Doc 17 Filed 03/09/18 Entered 03/09/18 13:53:35 Desc Main

 Document Page 6 of 7
 Respectfully submitted, 

 Quentin James Legg, III 

 By Counsel 

 /s/ Kathryne Mary Rose Shaw

Kathryne Mary Rose Shaw (VSB #89561) 

Boleman Law Firm, P.C. 

Convergence Center III 

272 Bendix Road, Suite 330 

Virginia Beach, VA 23452 

Telephone (757) 313-3000 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

 I certify that on March 9, 2018 a copy of the foregoing has been sent to the Chapter 13 

Trustee via the Court’s CM/ECF system and mailed via first class mail to the following: 

Cavalry SPV I, LLC 

c/o Bass & Associates, P.C. 

3936 E. Ft. Lowell Road 

Suite 200 

Tucson, AZ 85712 

Quentin James Legg, III 

1064 Haygood Estate Ln. 

Virginia Beach, VA 23455 

 /s/ Kathryne Mary Rose Shaw 

 Counsel for Debtor 

Case 17-74404-FJS Doc 17 Filed 03/09/18 Entered 03/09/18 13:53:35 Desc Main

 Document Page 7 of 7