19-20485

19-259844 

Response to Objection

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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FT. LAUDERDALE DIVISION

IN RE:

MAURICE YOUNG, 

Debtor,

_________________________________/

CASE NO.: 19-20485-BKC-JKO

CHAPTER 13

RESPONSE TO DEBTOR’S OBJECTION TO 

CLAIM NO. 3 FILED BY WILMINGTON SAVINGS FUND

SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS

TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST

COMES NOW, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A

CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM

MORTGAGE ACQUISITION TRUST (“Secured Creditor”), by and through its undersigned

attorney, hereby files its Response to Debtor’s Objection To Claim No. 3 Filed By Wilmington

Savings Fund Society, Fsb, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium

Mortgage Acquisition Trust (“Objection”), (DE# 69), and in support thereof states as follows:

1. Secured Creditor holds an interest in Debtor’s real property located at 16573 SW

19TH ST, MIRAMAR, FL 33027. 

2. Secured Creditor timely filed its Proof of Claim, Claim No. 3-1 on September 5,

2019. 

3. Pursuant to Federal Rule of Bankruptcy Procedure 3001(f), a proof of claim (and, any

extension, supplemental proof of claim) executed and filed in accordance with the

Bankruptcy Rules “shall constitute prima facie evidence of the validity and amount of

the claim.”

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4. On December 10, 2019, Debtor filed an Objection, asserting allegations opposing

Secured Creditor’s claim.

5. Debtor asserts that the $8,277.00 are not obtainable without detailed explanation. 

Secured creditor has provided a portion of invoices in the amount of $4262.50 as

attached as Exhibit “A”. 

6. Secured Creditor’s Proof of Claim and Notice of Fees, Expenses, and Charges are

neither incorrect nor improper as filed.

7. Secured Creditor requires additional time to review its records and investigate the

issues raised in Debtor’s Objection, and requests a hearing be set on same. 

8. Secured Creditor reserves the right to supplement its Response to Debtor’s Objection

at any time before or at the hearing. 

WHEREFORE, Secured Creditor respectfully requests that this Honorable Court

overrules Debtor’s objection and allows Secured Creditor's Proof of Claim and Notice of

Post-Petition Mortgage Fees, Expenses and Charges as filed so as to preserve Creditor's

Claim, and for such other and further relief as the Court may deem just and proper.

ROBERTSON, ANSCHUTZ & SCHNEID, P.L.

Attorney for Secured Creditor

6409 Congress Ave., Suite 100

Boca Raton, FL 33487

Telephone: 561-241-6901

Facsimile: 561-241-1969

By: /s/April Harriott

April Harriott, Esquire

FBN: 37547

Email:aharriott@rasflaw.com

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Response to Objection

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 26, 2019, I caused to be electronically

filed the foregoing with the Clerk of Court by using the CM/ECF system, and a true and correct

copy has been served via CM/ECF or United States Mail to the following parties:

DEBTOR

Maurice Young

16573 SW 19th Street

Miramar, FL 33027

DEBTOR COUNSEL

Michael A. Frank, Esq. 

10 NW LeJeune Rd. #620

Miami, FL 33126

TRUSTEE

Robin R. Weiner 

PO Box 559007

Fort Lauderdale, FL 33355

U.S. TRUSTEE

Office of the U.S.Trustee

2025 Robert C. Byrd, US Courthouse

300 Virginia Street, East

Charleston, WV 25301

ROBERTSON, ANSCHUTZ & SCHNEID, P.L.

Attorney for Secured Creditor

6409 Congress Ave., Suite 100

Boca Raton, FL 33487

Telephone: 561-241-6901

Facsimile: 561-241-1969

By: /s/April Harriott

April Harriott, Esquire

FBN: 37547

Email:aharriott@rasflaw.com

Case 19-20485-PGH Doc 76 Filed 12/26/19 Page 3 of 3