UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

In re:

RICHARD MILLER Case No.: 19-23375-JKO

Chapter 13

Debtor(s).

 / 

DEBTOR'S OBJECTION TO CLAIM OF THE BANK OF NY MELLON (CLAIM #4)

ON SHORTENED NOTICE AND

CERTIFICATE OF SERVICE OF COURT GENERATED NOTICE OF HEARING

IMPORTANT NOTICE TO CREDITOR: 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. Upon the 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(B)(2), the debtor objects to the

following claim filed in this case:

CLAIM #4 - BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS

TRUSTEE

On or about September 4, 2019, the Creditor obtained a final judgment of foreclosure in the State

Court proceeding. The Final Judgment contained an interest arrearage of $19,654.87. The Debtor

then filed the instant proceeding on October 4, 2019. The Creditor's proof of claim states that the

total of all missed principal and interest payments is equal to $37,495.36. In another words, about

half of the missed payments should have been applied to principal. The Debtor believes that the

Creditor is overstating the amount of principal that is actually past due. If the Creditor cannot prove

that the past due principal and interest is $37,495.36 then the principal and interest should be reduced

to the amount in the final judgment, which is $19,654.87.

In addition, the proof of claim states that the escrow shortage is close to the number in the final

judgment. The debtor has no issue with the $24,592.19 escrow shortage. However, the Creditor's

Proof of Claim states that there is an additional "projected shortage" of $5,059.45. The Debtor

believes that the escrow shortage includes the "projected shortage" and the separate charge of the

"projected shortage" should be stricken from the proof of claim. 

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 calendar 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

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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.

I hereby certify that a copy of the foregoing Objection and Notice of Hearing subsequently

generated by the court after the filing of the instant motion was served in the manner described

below, on January 15, 2020 , upon:

Via CM/ECF:

Mark Journey on behalf of Creditor Broward County

mjourney@broward.org, swulfekuhle@broward.org

Alexandra R Kalman on behalf of Creditor THE BANK OF NEW YORK MELLON, F/K/A The

Bank of New York as trustee for registered Holders of CWABS, Inc., Asset-Backed Certificates,

Series 2006-2 

akalman@lenderlegal.com, dokraska@lenderlegal.com;eservice@lenderlegal.com 

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov 

Robin R Weiner 

ecf@ch13weiner.com;ecf2@ch13weiner.com

Law Offices of

NOWACK & OLSON, PLLC

Attorney for Debtor(s)

8551 Sunrise Blvd., Suite 208

Plantation, FL 33322

(954) 349-2265

/s/ Mitchell J. Nowack 

MITCHELL J. NOWACK, ESQ.

Florida Bar Number: 099661

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