IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINIOS

EASTERN DIVISION

IN RE: ) NO. 09-49694

DAWN CAVAGNETTO )

 ) HON. DONALD CASSLING

) BANKRUPTCY JUDGE

 

NOTICE OF FILING

TO: Parties listed on the attached Service List

 PLEASE TAKE NOTICE that on August 10, 2012, the undersigned filed Trustee’s 

Response to Objection to Final Report with the Clerk, United States Bankruptcy Court 

219 S. Dearborn Street, Chicago Illinois, a copy of which is attached hereto and hereby 

served upon you. 

_/s/ Brenda Porter Helms

CERTIFICATE OF SERVICE

 The undersigned certifies that pursuant to Section H, B, 4 of the Administrative 

Procedures for the Case Management/Electronic Case filing System, service of the 

above-mentioned Motion on all parties identified as Registrants on the appended service 

list was accomplished through the Court’s Electronic Notice for Registrants and, as to all 

other parties on the attached Service List, he/she was served a copy as set forth therein, 

this 10th day of August, 2012, at 3400 W. Lawrence Avenue, Chicago Illinois.

__/s/ Brenda Porter Helms ____

Brenda Porter Helms

#6184302

3400 W. Lawrence Avenue

Chicago IL 60625

(773) 463-6427

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SERVICE LIST

Service via Court’s electronic notification system

Office of U.S. Trustee

USTPRegion11.ES.ECF@usdoj.gov

Jonathan Parker

Via first class mail, postage prepaid

Stan Cavagnetto

3 Roberts St

North Aurora IL 60542

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

) NO. 09-49694

DAWN CAVAGNETTO ) HON. DONALD CASSLING

) BANKRUPTCY JUDGE 

)

TRUSTEE’S RESPONSE TO OBJECTION TO FINAL REPORT

NOW COMES the Trustee herein, Brenda Porter Helms, and states the following 

in support of her Trustee’s Response to Objection to Final Report:

1. A voluntary petition for relief under chapter 7, Title 11 United States Code was filed 

by the debtor on December 31, 2009. Brenda Porter Helms was appointed Trustee 

and is duly acting as said Trustee. 

2. Stan Cavagnetto (“Objector”), the ex-husband of the debtor, filed an Objection to the 

Trustee’s Final Report. 

3. Objector objects to payment of Claim #8 which was withdrawn and Trustee will file 

an amended Distribution Report reflecting that fact.

4. Objector claims the Trustee should have deposited estate funds in an account that 

does not charge bank fees. However, the Trustee can only deposit funds into a bank 

that is party to a United States Trustee Program Uniform Depository Agreement for 

Trustee and Debtor in Possession Accounts (“UST Agreement”). Only a select 

number of banks are signatories to a UST Agreement. Each bank must maintain 

collateral in an amount no less than 115% of the bankruptcy funds it holds on deposit 

which exceeds the FDIC insurance limit. That collateral is secured by: 1) a surety 

bond; or 2) a deposit by the bank of qualified securities. Many banks are not 

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interested in tying up their collateral in this manner. The issue is further complicated 

by the fact the Trustee, in order to file “data enabled forms” as required for each case 

in her Trustee practice, must contract with a service provider to prepare those forms. 

The Trustee partners with EPIQ Systems and, until recently, EPIQ’s banking 

relationship was with Bank of America. Trustee does not believe there are other 

types of accounts at Bank of America, to which she has access, that do not charge 

service fees. Furthermore, no bank service fees were charged until October 2011, 

sixteen months after the account was opened. 

5. Objector objects to payment of claim #9 filed by Broida & Associates. The Trustee is 

entitled to rely upon the validity of all claims that are filed since they are prima facie 

evidence of their validity. However, the Trustee contacted Broida and Associates 

shortly after their claim was filed and inquired into the validity of its claim. An 

attorney from said firm confirmed the amount due, which is the same amount as 

stated on the filed claim. Since the objection was filed, Trustee has again called 

Broida & Associates office, which has again confirmed the amount listed on the claim 

is still due and owing. In addition, the debtor filed an objection to claim #9 and the 

objection was overruled. 

6. Objector alleges the Trustee did not spend time going to one or more court hearings. 

The Trustee never stated she was present in state court at two hearings. The Trustee 

appeared in Court on one occasion but arrived late and the matter had already been 

called. The Clerk advised her on the status. Notably, the Trustee did not charge the 

estate any of her travel costs in driving and parking at the courthouse. Furthermore, to 

be clear, the four hours charged on collection from the insurance company was not 

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only for court hearings. The time included numerous discussions with the attorney 

for the insurance company, review of court and attorney documents and legal 

research. The time is eminently reasonable since it produced the only asset of the 

case and is an asset that the debtor failed to disclose in her Schedules prior to being 

confronted by the Trustee with the information at the first meeting of creditors. 

7. Objector alleges the Trustee should not include claim #6 filed by Fred and Clare 

Barton in her distribution. This claim has already been objected to by the debtor and 

resolved by this Court. On or about July 15, 2011, Judge Black entered an order 

denying the debtor’s objection to claim #6. The debtor appealed Judge Black’s order 

and on November 2, 2011, the appeal was dismissed. The Trustee has no basis to 

dispute a validly filed claim and the claim is entitled to payment.

8. It must be noted that the Trustee is requesting compensation in the amount of 

$4,551.19. Yet the Trustee’s time summaries (Tasks performed by Trustee) reflect 

the fact that she put in an equivalent of $5,437.50 worth of time. Having since 

reviewed the objection filed by Stan Cavagnetto, called Broida’s office and drafted a 

Response to the Objection, along with a contemplated court appearance on August 

17th, the Trustee has actually donated a considerable amount of her time for the 

benefit of creditors of the estate. 

WHEREFORE, for the reasons set forth above, the Trustee respectfully requests

that this Court enter the order overruling Stan Cavagnetto’s objection and for such other 

relief as this Court deems appropriate. 

/s/ Brenda Porter Helms

Attorney for Trustee

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Brenda Porter Helms

#6184302

3400 W. Lawrence Avenue

Chicago IL 60625

(773) 463-6427

brenda.helms@albanybank.com

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