UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov

In re: Chapter 11 Cases 

LIBERTY POWER HOLDINGS, LLC, Case No. 21-13797-SMG 

LPT, LLC, Case No. 21-15537-SMG 

LIBERTY POWER MARYLAND, LLC, Case No. 21-15539-SMG 

LIBERTY POWER DISTRICT OF Case No. 21-15540-SMG 

COLUMBIA, LLC, 

 (Jointly administered 21-13797-SMG) 

/ 

OBJECTION TO PROOF OF CLAIM FILED BY SAMUEL KATZ, INDIVIDUALLY 

AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED 

(Proof of Claim No. 44 in Case No. 21-13797) 

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. 

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 attorney 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 to: 

United States Bankruptcy Court 

United States Courthouse 

299 E. Broward Blvd, Room 112 

Fort Lauderdale, FL 33301 

Case 21-13797-SMG Doc 918 Filed 06/01/23 Page 1 of 4
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A copy of the written response must also be sent to: 

Heather L. Harmon, Esq. 

VENABLE LLP 

100 Southeast Second Street, 44th Floor 

Miami, Florida 33131 

hlharmon@venable.com 

LIBERTY POWER HOLDINGS, LLC (“Holdings” or “Debtor”), one of the four abovecaptioned debtors in these chapter 11 cases, by and through its undersigned counsel, and pursuant 

to Fed. R. Bankr. P. 3007 and Local Rule 3007-1, files this objection (“Objection”) to Proof of 

Claim No. 44 filed in Case No. 21-13797 by Samuel Katz (“Claimant”), individually and on behalf 

of all others similarly situated (collectively, the “Purported Class”) asserting a general unsecured 

claim against Holdings in the amount of $549,299,500 (the “Claim”). In support of the Objection 

the Debtor states as follows: 

1. Prior to the Petition Date, on March 16, 2018, Claimant filed a Class Action 

Complaint and Jury Demand in the case styled Katz, et al. v. Liberty Power Corp., LLC, et al. 

pending in the United States District Court, District of Massachusetts (Case No. 1:18-cv-10506-

AD) (the “District Court Action”). As of the Petition Date, in the District Court Action, the Court 

had not entered an order certifying the Purported Class or adjudicating Claimant’s allegations 

against any Defendant. 

2. Claimant alleges that one or more of the Defendants violated the Telephone 

Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”).

3. On June 28, 2021, Claimant filed Proof of Claim No. 44 in Case No. 21-13797

asserting a general unsecured claim against Holdings in the amount of $545,299,500. Claimant 

derives the amount of the Claim from an estimated number of TCPA violations at $500 per 

violation.

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4. The District Court Action was stayed upon the Debtor’s bankruptcy filing and 

remains stayed. As of the Petition Date, the District Court Action was in its initial stages of 

discovery, the Purported Class had not been certified and the Court had not adjudicated liability 

against any Defendant.

5. The Debtor seeks an Order of this Court striking and disallowing the Claim on the 

grounds that the Claim is speculative, excessive, unsubstantiated and without merit. 

6. The Debtor reserves all rights to amend or supplement this Objection on any 

grounds. 

WHEREFORE, the Debtor respectfully requests that this Court enter an Order: (i) 

sustaining the Objection; (ii) striking and disallowing the Claim; and (iii) granting the Debtor such 

other and further relief as is just and proper. 

Dated this 1st day of June, 2023. Respectfully Submitted, 

 VENABLE, LLP 

Counsel for Debtors-in-Possession 

 100 Southeast Second Street, Suite 4400 

 Miami, Florida 33131 

 Telephone: (305) 349-2300 

 Facsimile: (305) 349-2310 

 By: /s/ Heather L. Harmon 

 Paul J. Battista, Esq. 

Florida Bar No. 884162 

pjbattista@venable.com

Mariaelena Gayo-Guitian, Esq. 

Florida Bar No. 813818 

mguitian@venable.com

Heather L. Harmon, Esq. 

Florida Bar No. 13192 

hlharmon@venable.com

 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a copy of the foregoing Objection was served via CM/ECF 

upon all interested parties registered to receive electronic notification on the attached service list 

and/or via U. S. Mail and email to Claimant’s counsel as listed below this on 1st day of June, 2023. 

By: /s/ Heather L. Harmon 

 Heather L. Harmon, Esq.

 

Claimant’s Counsel 

David C. Parisi, Esq. 

Parisi & Havens LLP 

100 Pine Street, Suite 1250 

San Francisco, CA 94111 

dcparisi@parisihavens.com 

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