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 BLT STEAK LLC 

AND BLT FISH LLC, AS CLASS REPRESENTATIVES 

(Proof of Claim No. 17 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 917 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. 17 filed in Case No. 21-13797 by BLT Steak LLC and BLT Fish LLC (collectively, 

“Claimant”) of behalf of themselves and the class they seek to represent consisting of individuals 

as customers subject to a variable rate plan for the provision of electricity in New York State that 

provided that rates would be based on electricity market pricing (collectively, the “Purported 

Class”) asserting a general unsecured claim against Holdings in the amount of $383,112,952 (the 

“Claim”). In support of the Objection the Debtor states as follows: 

1. Prior to the Petition Date, on February 11, 2013, Claimant filed a Class Action 

Complaint in the case of BLT Steak LLC and BLT Fish LLC v. Liberty Power Corp., LLC d/b/a 

Liberty Power New York and Liberty Power Holdings, LLC (collectively, the “Defendants”), Index 

No. 151293/2013 (N.Y. Sup. Ct., N.Y. County) (the “State Court Case”). As of the Petition Date, 

in the State Court Case, the Court had not entered an order certifying the alleged class or appointing 

class counsel because the parties could not reach agreement on the language of the proposed order. 

2. Claimant alleges that one or more of the Defendants provided electricity to 

Claimant and the Purported Class and were contractually obligated to charge a variable rate based 

on electricity market pricing. Further, Claimant alleges that the Defendants breached those 

contracts by “charging exorbitant rates that were not tied to electricity market pricing.” [ECF No. 

551 at ¶ 2].

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3. On June 24, 2021, Claimant filed Proof of Claim No. 17 in Case No. 21-13797

asserting a general unsecured claim against Holdings in the amount of $383,112,952. Claimant 

derives the amount of the Claim from an Expert Report dated December 20, 2019.

4. The State Court Case was stayed upon the Debtor’s bankruptcy filing and remains 

stayed. As of the Petition Date, the State Court Case was in its initial stages of discovery 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 

Albert A. Ciardi, III, Esq. 

Ciardi Ciardi & Astin 

1905 Spruce Street 

Philadelphia, PA 19103 

aciardi@ciardilaw.com

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