James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

Telephone: (804) 225-9500 

Facsimile: (804) 225-9598 

Email: jkane@kaneandpapa.com 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

SANDRA SMILEK−EDWARDS ) Case No. 21−30073−KRH 

 ) Chapter 13 

 Debtor ) 

DEBTOR’S OBJECTION TO CLAIM NUMBER 7 

 COMES NOW, the Debtor, by counsel, pursuant to 11 U.S.C. § 502(a) and Bankruptcy 

Rule 3007, and for Debtor’s Objection to Claim Number 7 by AT&T Mobility II, LLC 

(“AT&T”), states as follows: 

1. The Debtor hereby objects to Claim Number 7 by AT&T for a purported 

unsecured debt in the amount of $2,313.22 (“Claim”), on the grounds that the Claim is for a debt 

that was the result of an improper charge back. 

2. Upon information and belief of the Debtor, her debt to AT&T was paid in full by 

the Debtor’s father. In order for AT&T to be entitled to recover, it must comply with state law. 

11 U.S.C. § 502. 

3. Pursuant to 11 U.S.C. § 502(b)(1), the claim should be disallowed because state 

law bars collection efforts. 

WHEREFORE, the Debtor respectfully requests that the foregoing objection be 

sustained, that Claim Number 7 by AT&T Mobility II, LLC be disallowed, and for such other 

relief as the Court deems appropriate. 

Case 21-30073-KRH Doc 24 Filed 03/24/21 Entered 03/24/21 16:13:51 Desc Main

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SANDRA SMILEK−EDWARDS 

 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

Telephone: (804) 225-9500 

Facsimile: (804) 225-9598 

Email: jkane@kaneandpapa.com 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

I hereby certify that on March 24, 2021, I will electronically file the foregoing with the 

Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all parties registered to receive notice thereof, and will mail a copy hereof by first class 

mail, postage prepaid, to: 

AT&T Mobility II, LLC 

AT&T Services, Inc Karen A. Cavagno-Lead Paralegal 

One AT&T Way, Room 3A 104 

Bedminster, NJ 07921 

 /s/ James E. Kane 

 James E. Kane 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

SANDRA SMILEK−EDWARDS ) Case No. 21−30073−KRH 

 ) Chapter 13 

 Debtor ) 

NOTICE OF OBJECTION TO CLAIM 

 The above Debtor has filed an objection to your claim in the above 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 change or eliminate your claim, then, within thirty (30) 

days of service of this Notice you or your attorney must: 

 File with the court, at the address shown below, a written response to the 

objection and request for a hearing. Unless a written response is filed and 

served by the date specified, the court may decide that you do not oppose the 

objection to your claim. 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. 

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street 

Richmond, VA 23219 

You must also mail a copy to: 

James E. Kane, Esquire 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

 Attend a hearing scheduled at a later date. You will receive a separate notice of 

hearing. If no timely response has been filed opposing the relief requested, 

the court may grant the relief without holding a hearing. 

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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. 

Date: March 24, 2021 

 SANDRA SMILEK−EDWARDS 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

Telephone: (804) 225-9500 

Facsimile: (804) 225-9598 

Email: jkane@kaneandpapa.com 

Counsel for Debtor 

Case 21-30073-KRH Doc 24 Filed 03/24/21 Entered 03/24/21 16:13:51 Desc Main

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CERTIFICATE OF SERVICE 

I hereby certify that on March 24, 2021, I will electronically file the foregoing with the 

Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all parties registered to receive notice thereof, and will mail a copy hereof by first class 

mail, postage prepaid, to: 

AT&T Mobility II, LLC 

AT&T Services, Inc Karen A. Cavagno-Lead Paralegal 

One AT&T Way, Room 3A 104 

Bedminster, NJ 07921 

 /s/ James E. Kane 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

Telephone: (804) 225-9500 

Facsimile: (804) 225-9598 

Email: jkane@kaneandpapa.com 

Case 21-30073-KRH Doc 24 Filed 03/24/21 Entered 03/24/21 16:13:51 Desc Main

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