Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtor

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Richmond Division 

 

In re: Brenda D. Lee

Debtor 

Case No. 17-33176-KLP

Chapter 13

Address: 157 Bobcat Lane 

 Little Plymouth, VA 23091 

Last four digits of Social Security No: xxx-xx-2155 (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 

701 E. Broad Street, Room 4000 

Richmond, VA 23219 

 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. 

P.O. Box 11588 

 Richmond, VA 23230-1588 

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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: February 5, 2018 BOLEMAN LAW FIRM, P.C. 

Counsel for Debtor 

 

 By: /s/ Mark C. Leffler 

Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

 I certify that on February 5, 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: 

LVNV Funding, LLC 

c/o Resurgent Capital Services 

P.O. Box 10587 

Greenville, SC 29603-0587 

Brenda D. Lee 

157 Bobcat Lane 

Little Plymouth, VA 23091 

 

 /s/ Mark C. Leffler 

 Counsel for Debtor 

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Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtor

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Richmond Division 

 

In re: Brenda D. Lee

Debtor 

Case No. 17-33176-KLP

Chapter 13

OMNIBUS OBJECTION TO CLAIMS NO. 8-1, 9-1, 10-1, 11-1, and 12-1 

AND MEMORANDUM IN SUPPORT 

Pursuant to FRBP 3007(e), NOTICE IS GIVEN that claimants receiving this 

Objection should locate their names and claims in the Objection. The only claimant subject 

to this pleading is LVNV Funding, LLC, which filed claims assigned by the Court as 

Claims No. 8-1, 9-1, 10-1, 11-1, and 12-1 and the details pertinent to each claim are found 

on page 2 herein. The objector is Brenda D. Lee, the Debtor in this case, and her grounds 

for objecting to each claim are that the purported debts may not be enforced against her 

pursuant to Va. Code § 8.01-246(2). 

 COMES NOW, Brenda D. Lee, by counsel, and file this Omnibus Objection to the Proof 

of Claims 8-1, 9-1, 10-1, 11-1, and 12-1 filed by LVNV Funding, LLC (“LVNV”) 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 of her objection, 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 June 21, 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. 

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Parties 

4. Brenda D. Lee (hereinafter the “Debtor”) is the debtor in this case. 

5. Respondent LVNV is a foreign limited liability company that filed five (5) proofs 

of claim in the instant case. 

The Proofs of Claim At Issue 

 

 6. The Claims objected to herein are as follows: 

 Claimant Claim No. Status Amount 

 LVNV 8-1 Nonpriority unsecured $722.86 

 LVNV 9-1 Nonpriority unsecured $673.40 

 LVNV 10-1 Nonpriority unsecured $617.34 

 LVNV 11-1 Nonpriority unsecured $555.23 

 LVNV 12-1 Nonpriority unsecured $1,009.62 

 

 7. LVNV filed five (5) proofs of claim designated by the Court as Claims 8-1, 9-1, 

10-1, 11-1, and 12-1, respectively (“the Claims”). An attachment to each of LVNV’s Proofs of 

Claim states the following dates as the date of last payment on the accounts, both of which were 

more than five (5) years before the Petition Date: 

 a. As to Claim 8-1, 05/27/2007; 

 b. As to Claim 9-1, 01/31/2006; 

 c. As to Claim 10-1, 12/08/2006; 

 d. As to Claim 11-1, 11/30/2005; and 

 e. As to Claim 12-1, 12/30/2005. 

Discussion 

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

interest . . . objects.” 

 9. 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, 

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

debtor, under any agreement or applicable law . . . . ” 

Objection to Claim 

 10. Debtor objects to LVNV Funding, LLC’s claims on the grounds that none of these 

debts may be enforced against her in any amount because Virginia Code § 8.01-246(2), bars any 

recovery against her. See In re Lewis, 517 B.R. 615, 621-622 (Bankr. E.D. Va. 2014). 

WHEREFORE, Debtor respectfully requests that the Court sustain this Omnibus 

Objection to Claim, disallow the claims, and order such other and further relief as is just and 

proper. 

Respectfully submitted,

 Brenda D. Lee 

 By Counsel 

 /s/ Mark C. Leffler_ 

Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

 I certify that on February 5, 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: 

LVNV Funding, LLC 

c/o Resurgent Capital Services 

P.O. Box 10587 

Greenville, SC 29603-0587 

Brenda D. Lee 

157 Bobcat Lane 

Little Plymouth, VA 23091 

 /s/ Mark C. Leffler 

 Counsel for Debtor 

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