1 2 3 4 HONORABLE CHRISTOPHER M. ALSTON HEARING DATE: FRIDAY, DECEMBER 15, 2017 HEARING TIME: 9:30 A.M. LOCATION: SEATTLE, COURTROOM 7206 RESPONSES DUE: FRIDAY, DECEMBER 8, 2017 5 6 7 8 9 10 11 12 13 14 15 16 In re DOOR TO DOOR STORAGE, INC. 20425 72ND AVE. S. KENT, WA 98032 Tax ID 91-1698980, UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Debtor. No. 16-15618 OBJECTION TO PROOF OF CLAIM NO. 18 FILED BY LARRY WILLIAMS, NOTICE OF HEARING AND CERTIFICATE OF SERVICE 17 18 19 20 21 22 23 Door to Door Storage, Inc., has filed an objection to your claim in this bankruptcy case. Your claim may be reduced, modified, or eliminated. You should read these papers carefully and discuss them with your attorney, if you have one. If you do not want the court to eliminate or change your claim, then you or your attorney must file with the Court on or before Friday, December 8, 2017, a written response to the objection, explaining your position. If your written response is mailed to the court for filing, you must mail it early enough so that the court will receive it on or before the date stated above; mail to the following address: OBJECTION TO PROOF OF CLAIM NO. 18 FILED BY LARRY WILLIAMS, NOTICE OF HEARING AND CERTIFICATE OF SERVICE Page 1 2237 20161 bj304g061h BUSH KORNFELD LLP LAW OFFICES 601 Union St., Suite 5000 Seattle, Washington 98101-2373 Telephone (206) 292-2110 Facsimile (206) 292-2104 Case 16-15618-CMA Doc 335 Filed 10/31/17 Ent. 10/31/17 10:14:52 Pg. 1 of 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 U.S. Bankruptcy Court Clerk, Room 6301, 700 Stewart Street, Seattle, WA 98101 You must also mail a copy to the undersigned attorney at the address provided below. Door to Door Storage, Inc. (the Debtor ), Chapter 11 debtor herein, objects to Proof of Claim No. 18 (the Proof of Claim ) filed by Larry Williams ( Claimant ) in the amount of $450,000.00, for the reasons stated herein. A copy of the Proof of Claim is attached hereto as Exhibit A. This Objection is based upon the files and records herein. OBJECTION TO CLAIM Claimant s Proof of Claim asserts that the Debtor owes him $450,000 with respect to a Personal Injury Claim. The Proof of Claim includes: (a) a copy of a purported Florida Traffic Crash Report with a collision date of August 23, 2008 and (b) an assortment of insurance statements and invoices purportedly relating to medical services provided to the Claimant by various providers for an eight year period from 2008 through September 2016. Even assuming the Debtor bore legal responsibility for a collision with Claimant in 2008, there is nothing in the miscellaneous collection of documents comprising the Proof of Claim that would establish which, if any, of the medical services were necessary as a result of the collision, let alone the ultimate amounts for which the Debtor was financially responsible. There is nothing in Proof of Claim that would establish a $450,000 liability on the part of the Debtor. Therefore, the Debtor respectfully requests that the Court disallow the Proof of Claim. A hearing on the objection has been scheduled in this matter, said date and time being set as follows: Friday, December 15, 2017, at 9:30 a.m., in Courtroom 7206, U.S. Bankruptcy Court, at the address stated above. You or your attorney must attend. /// /// OBJECTION TO PROOF OF CLAIM NO. 18 FILED BY LARRY WILLIAMS, NOTICE OF HEARING AND CERTIFICATE OF SERVICE Page 2 2237 20161 bj304g061h BUSH KORNFELD LLP LAW OFFICES 601 Union St., Suite 5000 Seattle, Washington 98101-2373 Telephone (206) 292-2110 Facsimile (206) 292-2104 Case 16-15618-CMA Doc 335 Filed 10/31/17 Ent. 10/31/17 10:14:52 Pg. 2 of 4
1 2 3 4 5 6 IF YOU OR YOUR ATTORNEY DO NOT TAKE THE STEPS SET FORTH ABOVE, THE COURT MAY DECIDE THAT YOU DO NOT OPPOSE THE OBJECTION TO YOUR CLAIM. DATED this 31 st day of October, 2017. BUSH KORNFELD LLP By /s/ Christine M. Tobin-Presser Christine M. Tobin-Presser, WSBA #27628 Attorneys for Debtor 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 OBJECTION TO PROOF OF CLAIM NO. 18 FILED BY LARRY WILLIAMS, NOTICE OF HEARING AND CERTIFICATE OF SERVICE Page 3 2237 20161 bj304g061h BUSH KORNFELD LLP LAW OFFICES 601 Union St., Suite 5000 Seattle, Washington 98101-2373 Telephone (206) 292-2110 Facsimile (206) 292-2104 Case 16-15618-CMA Doc 335 Filed 10/31/17 Ent. 10/31/17 10:14:52 Pg. 3 of 4
1 2 3 4 5 6 7 8 9 10 CERTIFICATE OF MAILING I certify that on this 31 st day of October, 2017, at Seattle, Washington, I caused copies of the Objection to Claim, Notice of Hearing and Certificate of Mailing to be mailed by first-class mail, postage pre-paid to: Larry Williams c/o Andrew J. Weinstein 1515 University Drive, Suite 103 Pompano Beach, FL 33071 I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. /s/ Paula Sutton PAULA SUTTON Legal Assitant to Christine M. Tobin-Presser, WSBA 11 12 13 14 15 16 17 18 19 20 21 22 23 OBJECTION TO PROOF OF CLAIM NO. 18 FILED BY LARRY WILLIAMS, NOTICE OF HEARING AND CERTIFICATE OF SERVICE Page 4 2237 20161 bj304g061h BUSH KORNFELD LLP LAW OFFICES 601 Union St., Suite 5000 Seattle, Washington 98101-2373 Telephone (206) 292-2110 Facsimile (206) 292-2104 Case 16-15618-CMA Doc 335 Filed 10/31/17 Ent. 10/31/17 10:14:52 Pg. 4 of 4
Fill in this information to identify the case: Debtor 1 Door to Door Storage Inc Debtor 2 (Spouse, if filing) United States Bankruptcy Court Western District of Washington Case number: 16 15618 FILED U.S. Bankruptcy Court Western District of Washington 12/5/2016 Mark L. Hatcher, Clerk Official Form 410 Proof of Claim 04/16 Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to make a request for payment of an administrative expense. Make such a request according to 11 U.S.C. 503. Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. Do not send original documents; they may be destroyed after scanning. If the documents are not available, explain in an attachment. A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. 152, 157, and 3571. Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received. Part 1: Identify the Claim 1.Who is the current creditor? LARRY WILLIAMS Name of the current creditor (the person or entity to be paid for this claim) Other names the creditor used with the debtor 2.Has this claim been acquired from someone else? 3.Where should notices and payments to the creditor be sent? Federal Rule of Bankruptcy Procedure (FRBP) 2002(g) No Yes. From whom? Where should notices to the creditor be sent? LARRY WILLIAMS Name C/O ANDREW J. WEINSTEIN 1515 UNIVERSITY DRIVE SUITE 103 POMPANO BEACH, FL 33071 Where should payments to the creditor be sent? (if different) Name Contact phone (954)757 7500 Contact phone Contact email biservice@weinstein law.com Contact email Uniform claim identifier for electronic payments in chapter 13 (if you use one): 4.Does this claim amend one already filed? No Yes. Claim number on court claims registry (if known) Filed on 5.Do you know if anyone else has filed a proof of claim for this claim? No Yes. Who made the earlier filing? MM / DD / YYYY Official Form 410 Proof of Claim page 1 EXHIBIT A Case 16-15618-CMA Doc Claim 335-1 18-1 Filed 10/31/17 12/05/16 Ent. Desc 10/31/17 Main Document 10:14:52 Page Pg. 11 of of 50 3
Part 2: Give Information About the Claim as of the Date the Case Was Filed 6.Do you have any number you use to identify the debtor? No Yes. Last 4 digits of the debtor's account or any number you use to identify the debtor: 7.How much is the claim? 8.What is the basis of the claim? $ 450000.00 Does this amount include interest or other charges? No Yes. Attach statement itemizing interest, fees, expenses, or other charges required by Bankruptcy Rule 3001(c)(2)(A). Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card. Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c). Limit disclosing information that is entitled to privacy, such as healthcare information. Personal Injury Claim 9. Is all or part of the claim secured? No Yes. The claim is secured by a lien on property. Nature of property: Real estate. Motor vehicle Other. Describe: If the claim is secured by the debtor's principal residence, file a Mortgage Proof of Claim Attachment (Official Form 410 A) with this Proof of Claim. Basis for perfection: Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.) Value of property: $ Amount of the claim that is secured: Amount of the claim that is unsecured: $ $ (The sum of the secured and unsecured amounts should match the amount in line 7.) Amount necessary to cure any default as of the date of the petition: $ Annual Interest Rate (when case was filed) % 10.Is this claim based on a lease? Fixed Variable No Yes. Amount necessary to cure any default as of the date of the petition.$ 11.Is this claim subject to a right of setoff? No Yes. Identify the property: Official Form 410 Proof of Claim page 2 Case 16-15618-CMA Doc Claim 335-1 18-1 Filed 10/31/17 12/05/16 Ent. Desc 10/31/17 Main Document 10:14:52 Page Pg. 22 of of 50 3
12.Is all or part of the claim entitled to priority under 11 U.S.C. 507(a)? A claim may be partly priority and partly nonpriority. For example, in some categories, the lawl imits the amount entitled to priority. No Yes. Check all that apply: Domestic support obligations (including alimony and child support) under 11 U.S.C. 507(a)(1)(A) or (a)(1)(b). Up to $2,850* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use. 11 U.S.C. 507(a)(7). Wages, salaries, or commissions (up to $12,850*) earned within 180 days before the bankruptcy petition is filed or the debtor s business ends, whichever is earlier. 11 U.S.C. 507(a)(4). Taxes or penalties owed to governmental units. 11 U.S.C. 507(a)(8). Amount entitled to priority $ $ $ $ Contributions to an employee benefit plan. 11 U.S.C. 507(a)(5). $ Other. Specify subsection of 11 U.S.C. 507(a)( ) that applies $ * Amounts are subject to adjustment on 4/1/19 and every 3 years after that for cases begun on or after the date of adjustment. Part 3: Sign Below The person completing this proof of claim must sign and date it. FRBP 9011(b). If you file this claim electronically, FRBP 5005(a)(2) authorizes courts to establish local rules specifying what a signature is. A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. 152, 157 and 3571. Check the appropriate box: I am the creditor. I am the creditor's attorney or authorized agent. I am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule 3004. I am a guarantor, surety, endorser, or other codebtor. Bankruptcy Rule 3005. I understand that an authorized signature on this Proof of Claim serves as an acknowledgment that when calculating the amount of the claim, the creditor gave the debtor credit for any payments received toward the debt. I have examined the information in this Proof of Claim and have a reasonable belief that the information is true and correct. I declare under penalty of perjury that the foregoing is true and correct. Executed on date 12/5/2016 MM / DD / YYYY /s/ Andrew Weinstein Signature Print the name of the person who is completing and signing this claim: Name Andrew Weinstein First name Middle name Last name Title Partner Company Weinstein and Associates P.A. Identify the corporate servicer as the company if the authorized agent is a servicer Address 1515 University Drive, Suite 103 Number Street Coral Springs, FL 33071 City State ZIP Code Contact phone (954)757 7500 Email biservice@weinstein law.com Official Form 410 Proof of Claim page 3 Case 16-15618-CMA Doc Claim 335-1 18-1 Filed 10/31/17 12/05/16 Ent. Desc 10/31/17 Main Document 10:14:52 Page Pg. 33 of of 50 3
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