UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

In re: 

Julio C. Chirino, 

CASE NO. 20-22980-AJC 

Debtor. 

CHAPTER 13 

RESPONSE OF SCOLOPAX, LLC TO DEBTOR'S

OBJECTION TO CLAIM 13-1 

Scolopax, LLC, (“Scolopax”) by and through its attorney, responds (the “Response”) to 

Julio C. Chirino (the “Debtor”) objection (the “Objection”) to Scolopax’ Claim 13-1 (the 

“Claim”) as follows: 

1. Freedom Truck Finance is the original creditor of the account that was sold and is

now owned by Scolopax. 

2. The Debtor filed bankruptcy on November 30, 2020. Their petition included on

Schedule F an account for Freedom Truck Finance.

3. On February 5, 2021, Scolopax, filed the Claim in the amount of $3,801.73.

4. On December 7, 2015, Debtor filed an objection to the Claim on the grounds that

insufficient documentation and that the Debtor claim no knowledge of debt or creditor. See - 

Docket No. 79. 

5. The proof of claim should have been filed as a secured proof of claim, not an

unsecured proof of claim. The Proof of Claim will be amended to reflect secured proof of claim 

on a 2014 Kenworth with a vin number of 1XKYD49X2EJ404471. 

6. “According to the Eleventh Circuit Court of Appeals, an amended claim should

be ‘freely’ allowed where the purpose is to cure a defect in the claim as originally filed, to 

Case 20-22980-AJC Doc 80 Filed 08/20/21 Page 1 of 3
describe the claim with greater particularity or to plead a new theory of recovery on the facts set 

forth in the original claim.’” In re Winters, 380 B.R. 855, 858 (Bankr. M.D.Fla. 2007). 

7. The proof of claim will be amended to provide the complete chain of assignments

which will demonstrate Scolopax standing to bring the Claim and its secured status. 

WHEREFORE, Scolopax, LLC respectfully requests this Court deny the Objection filed 

by the Debtor, grant leave to amend the proof of claim as outlined above, and for such other and 

further relief as the Court deems just and proper. 

Dated: August 20, 2021 Respectfully Submitted, 

/s/ Toni Townsend 

Toni Townsend, Bar. No. 1022285 

McCalla Raymer Leibert Pierce LLC 

110 S.E. 6th Street, Suite 2400 

Fort Lauderdale, FL33301 

Telephone: (312) 476-5174 

Email: Toni.Townsend@mccalla.com

Case 20-22980-AJC Doc 80 Filed 08/20/21 Page 2 of 3
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

In re: 

Julio C. Chirino, 

CASE NO. 20-22980-AJC 

Debtor. 

CHAPTER 13 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that, pursuant to Local Rule 9076-1, on August 20, 2021 a copy of 

the Response to Objection to Claim was sent to the following parties through the Court’s 

electronic transmission facilities. As of August 20, 2021 the following parties are Electronic 

Filing Users: 

Nancy K. Neidich, Trustee 

Robert Sanchez, Esq, Attorney for Debtor 

Office of the US Trustee, U.S. Trustee 

By First Class Mail to: 

Julio C. Chirino 

870 W. 53rd Street 

Hialeah, FL 33012-2417 

Dated: August 20, 2021 Respectfully Submitted, 

/s/ Toni Townsend 

Toni Townsend 

McCalla Raymer Leibert Pierce LLC 

110 S.E. 6th Street, Suite 2400 

Fort Lauderdale, FL33301 

Telephone: (312) 476-5174 

 Email: Toni.Townsend@mccalla.com 

Case 20-22980-AJC Doc 80 Filed 08/20/21 Page 3 of 3