INRE: 

ALINULLOA 

Debtor 

UNITED ST ATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO: 19-21396-RAM 

TRUSTEE'S OBJECTION TO CLAIM ON NEGATIVE NOTICE 

TO CLAIM# 5.2 FILED BY TD RETAIL CARD SERVICES 

IMPORTANT NOTICE TO CREDITORS 

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 a copy to the 

undersigned Trustee, Nancy K Neidich, Esquire, P.O. Box 279806, Miramar, Florida 

33027. OR YOUR CLAIM MAY BE DISPOSED OF IN ACCORDANCE WITH THE 

RECOMMENDATION IN THIS OBJECTION. 

If your entire claim is objected to and this is a chapter 11 case, you will not have the 

right to vote to accept or reject any proposed plan of reorganization until the objection is 

resolved, unless you request an order pursuant to Bankruptcy Rule 3018(a) temporarily 

allowing your claim for voting purposes. 

The written response must contain the case name, case number, and must be filed 

with the Clerk of the United States Bankruptcy Court. 

Pursuant to Bankruptcy Rule 3007, the Trustee objects to the following claims(s) filed in 

this case:: 

Claim# 

5.2 

Name of Claimant 

TD RETAIL CARD SERVICES. 

Recommended Disposition Strike and Disallow: On October 4, 2019, TD Retail Card Services 

filed Claim #5 stating that it held a secured claim in the amount of $568.00 and an unsecured 

claim in the amount of $568.97. The plan failed to address the secured claim of TD Retail Card 

Services. 

On June 8, 2020, TD Retail Card Services amended its claim to be fully unsecured in the amount 

of $1,136.97. 

Case 19-21396-RAM Doc 50 Filed 10/22/20 Page 1 of 2
Since the claims bar date is like a statute of limitations, it must be strictly observed. Although 

amendments are liberally granted, they are not automatic. Many courts treat a late amended 

claim as an amendment under F.R.B.P 7015 (Rule 15). Some courts created requirements for the 

creditor to establish that the claim should be allowed. In re Int'! Horizons, Inc., 751F.2d1213, 

1215 (I Ith Cir. 1985). 

The intended effect of a late amended unsecured claim is to alter the pro rata distribution of 

payments to that creditor and consequently every other unsecured creditor. Yet, there is no 

operation of law that requires an automatic change in the distribution under the plan due to a late 

amended claim. But the Bankruptcy Code provides for this situation. Section 11 U.S.C. 

§ 1329(a)(3), states that an unsecured creditor may move to modify the plan to alter the amount of 

distribution to an unsecured creditor. 

RESPECTFULLY SUBMITTED: 

NANCY K. NEIDICH, ESQUIRE 

STANDING CHAPTER 13 TRUSTEE 

P.O. BOX 279806 

MIRAM R, FL 33027-9806 

n y K. Neidich, Esq. 

hapter 13 Trustee 

Amy E. Carrington, Esq. 

Senior Staff Attorney 

FLORIDA BAR NO: 101877 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing Objection to Claim # 5.2 

was served through NEF on debtor's attorney and by US First Class Mail to the following on 

Ct--rt>'&er<. i~ I 'UW 

TD RETAIL CARD SERVICES 

c/o Creditors Bankruptcy Services 

P.O. Box 800849 

Dallas, TX 75380 

TD Retail Card Services 

P.O. Box 100114 

Columbia, SC 29202-3314 

by certified mail to 

Gregory B Braca, CEO 

TD Retail Card Services 

wholly owned by TD Bank, NA 

2035 Limestone Road 

Wilmington, DE 19808 

7017 2620 DODO 2780 1025 

carlTrigton, Esq 

Case 19-21396-RAM Doc 50 Filed 10/22/20 Page 2 of 2