UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

In re: Case No. 21-16573-BKC-LMI

Chapter 13

CHRISTOPHER NIMETH

 Debtor /

DEBTOR’S OBJECTION TO CLAIM NO.: 3 ON SHORTENED NOTICE

FILED BY LVNV FUNDING, LLC AND CERTIFICATE OF SERVICE OF COURT GENERATED

NOTICE OF HEARING

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 toBankruptcy Rule 3007 and LocalRule 3007-1(B)(2), the debtor objects to the 

following claim filed in this case:

Claim No: Name of Claimant Amount of Claim

3 LVNV Funding, LLC $4,019.16

Basis for Objection:

1. On 27/13/2021 Claimant filed POC 3.

2. Pursuant to Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., 

and the Florida Consumer Collection Practices Act (“Florida Act”), Florida Statute 

§559.55 et seq., claimant is attempting to collect a time barred debt. Under Florida 

Statute 95.11 (3)(k), the Statute of Limitations period for contracts based on an open 

account is four (4) years on an open account. 

3. It has been more than four (4) years prior to the filing of the Chapter 13 petition that 

the Debtor has made any payments to claimant pursuant to the proof of claim. The last 

payment as per the proof of claim is 3/6/1997.

4. The Debtor demands strict proof of any payments allegedly received by creditor during 

that period of time.

Recommended Disposition:

1. The debtor respectfully requests that this Honorable Court enter an Order striking and 

disallowing the claim.

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 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.

DATED: 10/20/2021

Case 21-16573-LMI Doc 37 Filed 10/20/21 Page 1 of 2
/s/ 

MILLER & FUNCIA, P.A.

9555 N. Kendall Drive Suite 211

Miami, FL 33176

Telephone 305-274-2922

millerfunciapa@bellsouth.net

Jose P. Funcia, Esq. – FBN 698210

CERTIFICATE OF SERVICE AND

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 9073-1(D)

I certify that true copies of DEBTOR’S OBJECTION TO CLAIM NO.: 3 ON 

SHORTENED NOTICE FILED BY LVNV FUNDING, LLC and COURT GENERATED 

NOTICE OF HEARING was served on October 20, 2021 as follows:

Electronically

Jose P Funcia on behalf of Debtor Christopher Nimeth

millerfunciaecf2@gmail.com,, millerandfunciapa@ecf.inforuptcy.com

Ida Moghimi Kian on behalf of Creditor 722 Leveling Up, LLC

southerndistrict@shdlegalgroup.com

Nancy K. Neidich

e2c8f01@ch13miami.com, ecf2@ch13miami.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Via First Class Mail

Resurgent Capital Services

P. O. Box 10587

Greenville, SC 29603-0587

Via Certified Mail

LVNV Funding, LLC

C/O Corporation Service Company, Registered Agent

1201 Hayes Street

Tallahassee, FL 32301

Certified No.: 7019 290 0001 1551 5094

Law Offices of

Miller & Funcia, P.A.

Attorney for Debtor(s)

9555 N. Kendall Drive Suite 211

Miami, FL 33176

305-274-2922

/s/ Jose P. Funcia

Jose P. Funcia, Esq.

Florida Bar Number: 0698210

Case 21-16573-LMI Doc 37 Filed 10/20/21 Page 2 of 2