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 JENESHIA WASHINGTONHUGHES, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED 

(Proof of Claim No. 47 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 

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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. 47 filed in Case No. 21-13797 by Jeneshia Washington-Hughes (“Claimant”) of behalf 

of herself and the class she seeks to represent consisting of individuals as sales employees in the 

Commonwealth of Massachusetts (collectively, the “Purported Class”) asserting a general 

unsecured claim against Holdings in the amount of $3,913,210.08. In support of the Objection the 

Debtor states as follows: 

1. Prior to the Petition Date, on June 12, 2018, Claimant filed a Class Action 

Complaint and Demand For Jury Trial (the “Complaint”) in Suffolk County Massachusetts 

Superior Court against the Debtor, non-debtor Liberty Power Delaware, LLC and non-debtor 

Liberty Power Corp., LLC (collectively, the “Defendants”) (Civil Action No.: 1884CV01898 BLS 

2) (the “State Court Case”). 

2. In the State Court Case, Claimant alleged that the Defendants violated the 

Massachusetts Wage Act, M.G.L. c. 149, § 148, the Massachusetts Minimum Wage Law, M.G.L. 

c. 151, §§ 1-1B, the Massachusetts Independent Contractor Statute, M.G.L. c. 149, § 148B, and 

Massachusetts common law on behalf of a class of all sales employees who did not receive the 

wages to which they were entitled under Massachusetts Law. (collectively, “Massachusetts Law”).

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3. The Complaint alleges that Ms. Washington-Hughes, along with other Purported 

Class members, were each employed by various field sales channels, with whom Liberty Power 

Holdings, LLC contracted for the performance of door-to-door sales of electricity. 

4. The Complaint further alleges that each of these workers were misclassified as 

independent contractors, and instead are employees of Liberty Power Holdings, LLC such that 

Holdings is liable for unpaid overtime allegedly owed to each of the workers. 

5. On June 25, 2021, Claimant filed Proof of Claim No. 47 in Case No. 21-13797

asserting a general unsecured claim against Holdings in the amount of $3,913,210.08 (the 

“Claim”). The Claim also asserted an unliquidated portion for additional unspecified damages.

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

stayed. The Court has not adjudicated liability against any Defendant.

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

grounds that each member of the purported class was hired by each of the individual field sales 

channels as independent contractors, and Holdings does not exercise the control necessary to meet 

the standard for a finding that Holdings is an employer and liable for any allegations of unpaid 

overtime. 

8. As a result, the Claim is speculative, excessive, unsubstantiated and without merit. 

9. 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. 

 

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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 

Brook S. Lane, Esq. 

FAIR WORK P.C. 

192 South Street, Suite 450 

Boston, MA 02111 

brook@fairworklaw.com

Hillary Schwab, Esq. 

FAIR WORK P.C. 

192 South Street, Suite 450 

Boston, MA 02111 

hillary@fairworklaw.com

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