Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtors

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Richmond Division 

 

In re: Tracey Marlene Winckler

Debtor 

Case No. 17-32368-KRH

Chapter 13

Address: 10180 Purcell Road 

 Henrico, VA 23228 

Last four digits of Social Security No: xxx-xx-7980 (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: December 12, 2017 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 Debtors 

CERTIFICATE OF SERVICE 

 I certify that on December 12, 2017 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 

Tracey M. Winckler 

10180 Purcell Road 

Henrico, VA 23228 

 /s/ Mark C. Leffler 

 Counsel for Debtors 

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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 Debtors

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Richmond Division 

In re: Tracey Marlene Winckler

Debtor 

Case No. 17-32368-KRH

Chapter 13

 

OBJECTION TO CLAIM NO. 26-1 AND MEMORANDUM IN SUPPORT

 COMES NOW, Tracey M. Winckler, by counsel, and files this Objection to the Proof of 

Claim (Claim No. 26-1) 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 of her Objection to Claim, 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 Debtors, a chapter 

13 case having been filed in this Court on May 8, 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. Tracey M. Winckler (the “Debtor”) is the debtor in this case. 

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

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

claim in the instant case. 

Facts

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

of $280.01. 

 7. An attachment to Cavalry’s Proof of Claim form (the “Itemization”) purports to 

itemize interest, fees, and other charges pursuant to Federal Rule of Bankruptcy Procedure 

3001(c)(2)(A), and it sets forth the following information: (1) that the “principal” is $280.01, (2) 

“interest” is $0.00, (3) that “fees” total $0.00, and (4) that the entity from whom Cavalry 

purchased the account is Capital One, N.A. 

8. Another attachment to Cavalry’s Proof of Claim is a BuyPower Card World Elite 

Mastercard account statement for the period of April 3, 2017 to May 3, 2017 (the “World Elite 

Mastercard Statement”). The World Elite Mastercard Statement sets forth the following 

information: (1) that the previous balance was $273.30, (2) that the past due amount was $0.00, 

(3) that interest charged was $5.71, and (4) the new balance was $280.01. 

9. Cavalry’s claim relates to a credit contract on which interest and fees were 

regularly assessed. Debtors assert that Cavalry’s Itemization does not properly, accurately, or 

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

World Elite Mastercard Statement does not meet the requirements of Rule 3001(c)(2)(A). 

Discussion 

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

interest . . . objects.” 

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11. 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 and property of the 

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

12. Pursuant to Federal Rules of Bankruptcy Procedure 3001(c)(2)(A), “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.” 

13. 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].” 

14. 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

15. Cavalry’s Itemization falsely attests under oath that the claim amount includes 

only $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. 

16. 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. 

17. Under Federal Rules of Bankruptcy Procedure 3001(c)(2)(D), this Court should 

preclude Cavalry from presenting any evidence to the contrary of what it has sworn to in its 

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claim, dismiss Cavalry’s claim, and award other appropriate relief, including reasonable 

expenses and attorneys’ fees. 

Second Objection to Claim 

18. Debtor did not include any debt to Cavalry in her Schedules. 

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

Cavalry cannot enforce this debt against her. 

20. 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 hereby requests that Cavalry provide her 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. 

 Respectfully submitted, 

 Tracey M. Winckler 

 By Counsel 

 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 

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CERTIFICATE OF SERVICE 

 I certify that on December 12, 2017 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 

Tracey M. Winckler 

10180 Purcell Road 

Henrico, VA 23228 

 /s/ Mark C. Leffler 

 Counsel for Debtors 

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