UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

 FT. LAUDERDALE DIVISION

CASE NO. 19-20485-BKC-JKO

CHAPTER 13

IN RE:

MAURICE YOUNG

Debtor.

 /

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

This objection seeks either to disallow or reduce the amount or change the

priority status of the claim filed by you or on your behalf. Please read this

objection carefully to identify which claim is objected to and what disposition of

your claim is recommended. Upon filing of this objection an expedited hearing

on this objection will be scheduled on the date already scheduled for the

confirmation hearing in accordance with Local Rule 3007-1(B)(2).

Pursuant to Bankruptcy Rule 3007 and Local Rule 3007-1, the [trustee]

[debtor(s)] object(s) to the following claim filed in this case.

The Debtor, MAURICE YOUNG, by and through his undersigned attorney,

objects to claim No. 3, filed by Wilmington Savings Fund Society, FSB, Attn: Rodger

Levenson, President, (U.S. Certified Mail) 500 Delaware Avenue, Wilmington, DE

19801 and Selene Finance, LP, 9990 Richmond Avenue, Suite 400 South, Attn: BK

Dept., Houston, TX 77042 , as a secured claim in the amount of $443701.58, with an

arrearage amount of $71,145.61 and states:

1. This creditor alleges fees and costs due in the amount of $8,277.00. The

Debtor requests a breakdown or this portion of the claim should be stricken and

disallowed.

2. This creditor alleges an escrow deficiency for funds advanced in the

amount of $27,261.59. This is recovered in the Debtor’s regular monthly payment and

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therefore this is double dipping. This portion of the claim should be stricken and

disallowed.

3. Undersigned contacted Keith Labell, counsel for creditor, on or around

October 3, 2019, in an attempt to resolve the issues prior to hearing, however

undersigned has not received a call back.

4. Debtor’s counsel has been forced to file this Objection to Creditor's claim,

in response to creditor's filing of an incorrect and/or improper proof of claim, and

therefore, respectfully requests this Court award attorney's fees and costs to Debtor’s

counsel pursuant to Florida Statute, Section 95.11.

The undersigned acknowledges that this objection and the notice of hearing for this objection

will be served on the claimant and the Debtor at least 14 days prior to the confirmation hearing

date and that a certificate of service conforming to Local Rule 2002-1(F) must be filed with the

Court when the objection and notice of hearing are served.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for the Southern

District of Florida and I am in compliance with the additional qualifications to practice in this Court set forth in

Local Rule 2090-1(A) and that a true and correct copy of the foregoing was sent by e-mail to Robin R. Weiner,

Trustee @ ecf@ch13weiner.com, Keith Labell, counsel for Wilmington at klabell@rasflaw.com, Giselle Velez,

counsel for Wilmington at giselle.velez@gmail.com this 9th day of December 2019 and this Objection and an

upcoming Notice of Hearing will be served on a separate Certificate of Service via email to those set forth in

the NEF and by regular mail to the above addresses.

Respectfully submitted,

Law Offices of Michael J. Brooks, Michael A. Frank

& Rodolfo H. De La Guardia, Jr.

Attorneys for the Debtor

Suite 620 • Union Planters Bank Building

10 Northwest LeJeune Road

Miami, FL 33126-5431

Telephone (305) 443-4217

Facsimile (305) 443-3219

Email- Pleadings@bkclawmiami.com

By: /s/ Michael J. Brooks 

Michael J. Brooks

Florida Bar No. 434442

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