LF-70 (rev. 12/01/09)

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In re:

Case No.: 20-19836-AJC

Chapter 13

Marco T Barrios

Maria Barrios

 Debtor(s) /

OBJECTION TO CLAIM ON SHORTENED NOTICE AND MOTION FOR 

ATTORNEY’S FEES AND COSTS

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 

[trustee][debtor] objects to the following claim filed in this case:

Claim Amount of

No. Name of Claimant Claim 

1 Cavalry SPV I, LLC / $4,689.15

As assignee of Bank of America / 

FIA Card Services, N.A.

Basis for Objection and Recommended Disposition

On or about September 14, 2020, Creditor filed a general unsecured proof of claim in the 

amount of $4,689.15 for a Credit Card account ending in 6691. The proof of claim omits 

the last transaction and last payment dates; however, it lists that the account was charged 

off on July 31, 2009. The Debtors do not recognize this claim and this claim is barred by 

the statute of limitations. The Debtors request this claim be stricken and disallowed.

Upon reviewing the claim, the undersigned sent an email on February 4, 2021 to the address 

listed on the proof of claim (Attached as Exhibit “A”). The email stated to withdraw the 

above-mentioned proof of claim by February 11, 2021; otherwise, the undersigned would 

have to be forced to file this instant Objection and seek attorney’s fees and costs for not 

complying with the email. As of the date of the filing of this Objection, the Creditor has 

not withdrawn or even responded to said email. Therefore, the undersigned requests 

reasonable attorney’s fees and costs for having to prosecute this Objection when a simple 

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LF-70 (rev. 12/01/09)

withdrawal of claim could have been filed by the Creditor. 

Claim Amount of

No. Name of Claimant Claim 

2 Cavalry SPV I, LLC / $5,604.97

As assignee of Bank of America / 

FIA Card Services, N.A.

Basis for Objection and Recommended Disposition

On or about September 14, 2020, Creditor filed a general unsecured proof of claim in the 

amount of $5,604.97 for a Credit Card account ending in 7770. The proof of claim omits 

the last transaction and last payment dates; however, it lists that the account was charged 

off on July 31, 2009. The Debtors do not recognize this claim and this claim is barred by 

the statute of limitations. The Debtors request this claim be stricken and disallowed.

Upon reviewing the claim, the undersigned sent an email on February 4, 2021 to the address 

listed on the proof of claim (Attached as Exhibit “A”). The email stated to withdraw the 

above-mentioned proof of claim by February 11, 2021; otherwise, the undersigned would 

have to be forced to file this instant Objection and seek attorney’s fees and costs for not 

complying with the email. As of the date of the filing of this Objection, the Creditor has 

not withdrawn or even responded to said email. Therefore, the undersigned requests 

reasonable attorney’s fees and costs for having to prosecute this Objection when a simple 

withdrawal of claim could have been filed by the Creditor. 

Claim Amount of

No. Name of Claimant Claim 

21 Cavalry SPV I, LLC / $3,812.93

As assignee of Bank of America / 

FIA Card Services, N.A.

Basis for Objection and Recommended Disposition

On or about November 13, 2020, Creditor filed a general unsecured proof of claim in the 

amount of $3,812.93 for a Credit Card account ending in 1290. The proof of claim states 

that the last transaction and the last payment dates were on January 26, 2009 and that the 

account was charged off on August 31, 2009. The Debtors do not recognize this claim and 

this claim is barred by the statute of limitations. The Debtors request this claim be stricken 

and disallowed.

Upon reviewing the claim, the undersigned sent an email on February 4, 2021 to the address 

listed on the proof of claim (Attached as Exhibit “A”). The email stated to withdraw the 

above-mentioned proof of claim by February 11, 2021; otherwise, the undersigned would 

have to be forced to file this instant Objection and seek attorney’s fees and costs for not 

complying with the email. As of the date of the filing of this Objection, the Creditor has 

not withdrawn or even responded to said email. Therefore, the undersigned requests 

reasonable attorney’s fees and costs for having to prosecute this Objection when a simple 

withdrawal of claim could have been filed by the Creditor. 

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 

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LF-70 (rev. 12/01/09)

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.

Wherefore, the Debtors request an Order sustaining this instant Objection in disallowing 

the claims and granting the request for Creditor to pay within fourteen (14) days the 

undersigned its reasonable attorney’s fees and costs expended in prosecuting this

Objection. 

DATED: February 18, 2021 Respectfully Submitted: 

Robert Sanchez, P.A.

355 West 49th Street

Hialeah, FL 33012

Fl. Bar No. 0442161

Telephone: (305) 687-8008

E-Mail: court@bankruptcyclinic.com

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