UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

(MIAMI, DIVISION)

In re: : CASE NO.: 19-26391-LMI

:

NICOLAS VILLALOBOS : CHAPTER 7

:

Debtor. :

____________________________________/

TRUSTEE’S OBJECTION TO CLAIM

IMPORTANT NOTICE TO CREDITORS:

THIS IS AN OBJECTION TO YOUR CLAIM

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.

If you disagree with the objection or the recommended treatment, you 

must file a written response WITHIN 30 DAYS from the date of service 

of this objection, explaining why your claim should be allowed as 

presently filed, and you must serve (mail) a copy to the Trustee OR 

YOUR CLAIM MAY BE DISPOSED OF IN ACCORDANCE WITH 

THE RECOMMENDATION IN THIS OBJECTION.

Any written response must contain the case name, case number, and 

must be filed with the Clerk of the United States Bankruptcy Court, C. 

Clyde Atkins United States Courthouse, 301 N. Miami Avenue, Room 

150, Miami, FL 33128.

Pursuant to FRBP 3007 and Local Rule 3007-1, the Trustee objects to the following claims 

filed in this case:

Claim Amount of Basis for Objection and

No. Name of Claimant Claim Recommended Disposition

4-1 Space Coast Credit Union

Isabella V Colleran, Esq.

Blaxberg Grayson Kukoff & 

Forteza, P.A.

25 SW 2nd Avenue Suite 730

Miami, FL 33131

$4,414.58 Objection: Based upon the Trustee’s 

ongoing review of the claims filed in 

this matter, and the Debtor’s 

bankruptcy petition and schedules and 

other relevant financial documents, the 

Trustee submits that the Trustee is 

unable to verify the validity of the claim 

asserted in Claim No. 4-1, filed by 

Blaxberg Grayson Kukoff & Forteza, 

P.A. in the amount of $4,414.58. The 

Trustee submits that the property 

Case 19-26391-LMI Doc 31 Filed 06/03/20 Page 1 of 4
attached to this claim was abandoned 

[D.E. 16] and the Debtor’s intention 

was to surrender the property [D.E. 24].

Specifically, the Trustee is unable to 

ascertain whether the Claimant in fact 

has a claim against the Debtor’s estate 

for the following reasons:

1. The Claimant has not produced 

any documentation to the 

Trustee which enables the 

Trustee to verify the validity of 

the claim. For example, if the 

property was repossessed and 

sold, the Trustee requests the 

production of an account 

statement evidencing the claim 

amount is a deficiency balance.

2. The Trustee’s concerns are 

consistent with the 

requirements of 

Fed.R.Bankr.P.3001, and the 

provisions of 11 U.S.C. 

§502(b). Rule 3001(c)(3)(B) 

provides that “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 specified in paragraph 

(1) of this subdivision,” i.e. the 

writing upon which the proof of 

claim is based. With respect 

to the provisions of §502(b)(1), 

it is well established that claims 

shall not be allowed if the claim 

would be unenforceable against 

the Debtor under applicable 

non-bankruptcy law. If the 

Trustee cannot tell based on the 

claim, as it is filed, whether the 

creditor authorized the filing of 

the proof of claim, then it is 

similarly impossible to tell 

Case 19-26391-LMI Doc 31 Filed 06/03/20 Page 2 of 4
whether the claim is 

enforceable against the Debtor. 

Additionally, if the Trustee 

cannot tell whether a claim is 

valid and enforceable against 

the Debtor based on the claim 

as-filed, then the Trustee 

cannot perform his statutory 

duties pursuant to 11 U.S.C. 

§704(5).

The Trustee requests that the Claimant 

produce documentation to the Trustee 

in order to establish the validity and 

extent of this Claim, specifically an 

account statement, a credit agreement, 

or another document which clear 

evidences the pre-petition DebtorCreditor relationship. 

This information and/or documentation 

should be produced to the Trustee at his 

business address at 16 SW 1st Avenue, 

Miami, FL 33130 and should clearly 

state the name of the Debtor, the Case 

Number, the Claim Number, and the 

Claimant’s name.

Recommended Disposition: In the 

event that the Claimant is unable to 

provide the Trustee with sufficient 

information and/or documentation to 

allow the Trustee to ascertain the 

validity and extent of the Claim, the 

Trustee requests that Claim No. 4-1 be 

stricken and disallowed.

Case 19-26391-LMI Doc 31 Filed 06/03/20 Page 3 of 4
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing was mailed on this 3

rd day of 

June, 2020 to: the creditors listed in the Objection to Claim as follows:

Space Coast Credit Union

Isabelle V Colleran, Esq.

Attorney for Space Coast Credit Union

Blaxberg Grayson Kukoff & Forteza, P.A.

25 SW 2nd Avenue Suite 730

Miami, FL 33131

I CERTIFY THAT a copy of the foregoing was served via the Notice of Electronic Filing 

on this 3

rd day of June, 2020, to:

• Robert A Angueira trustee@rabankruptcy.com, 

fl79@ecfcbis.com;raa@trustesolutions.net;tassistant@rabankruptcy.com;richard@rabank

ruptcy.com;lillian@rabankruptcy.com

• Isabel V Colleran isabel.colleran@blaxgray.com, legalassistB@blaxgray.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

• Robert Sanchez court@bankruptcyclinic.com, r51375@notify.bestcase.com

Dated: June 3, 2020

ROBERT A. ANGUEIRA

Chapter 7 Trustee

16 SW 1st Avenue

Miami, FL 33130

Tel. (305) 263-3328

e-mail trustee@rabankruptcy.com

By /s/ Robert A. Angueira, Esq. 

 ROBERT A. ANGUEIRA

 Chapter 7 Trustee

 Florida Bar No. 0833241

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