Baron’s Objection to Proof of Claim No. 2 of Randal Shaffer

 
JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 2 OF RANDAL C. SHAFFER D/B/A THE 
LAW OFFICE OF RANDAL C. SHAFFER –
 PAGE 1 
Gerrit M. Pronske 
State Bar No. 16351640 
Vickie L. Driver 
Texas Bar No. 24026886 
Christina W. Stephenson 
State Bar No. 24049535 
PRONSKE & PATEL, P.C. 
2200 Ross Avenue, Suite 5350 
Dallas, Texas 75201 
(214) 658-6500 – Telephone 
(214) 658-6509 – Telecopier 
Email: gpronske@pronskepatel.com 
Email: vdriver@pronskepatel.com 
Email: cstephenson@pronskepatel.com 
 
COUNSEL FOR JEFFREY BARON  
 
 
IN THE UNITED STATES BANKRUPTCY COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
In re:    §   
   §  
ONDOVA LIMITED COMPANY,  § CASE NO. 09-34784-SGJ-11 
   §  
    Debtor.           §   Chapter 11 
 
JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 2  
OF RANDAL C. SHAFFER D/B/A THE LAW OFFICE OF RANDAL C. SHAFFER 
 
  Jeffrey  Baron (“Baron”), a creditor and party in interest in this case, hereby files his 
Objection to Proof of Claim No. 2 of Randal C. Shaffer d/b/a The Law Office of Randal C. 
Shaffer (the "Objection"), and in support thereof respectfully represents as follows: 
I.   JURISDICTION
 
1.  The Court has jurisdiction over the Objection pursuant to 28 U.S.C. §§ 157 and 
1334.  Venue over the Objection is proper pursuant to 28 U.S.C. §§ 1408 and 1409.  The 
Objection is a core proceeding under 11 U.S.C. § 157(b)(2). 
II. FACTUAL BACKGROUND
 
2.  On July 27, 2009 (the “Petition Date”), the Debtor filed for bankruptcy protection 
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JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 2 OF RANDAL C. SHAFFER D/B/A THE 
LAW OFFICE OF RANDAL C. SHAFFER –
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under chapter 11 of title 11 of the Bankruptcy Code.   
3.  On September 17, 2009, the Court entered an order approving the appointment of 
a chapter 11 trustee (Docket No. 98). 
4.  The Court set the bar date for filing proofs of claim for all creditors other than 
governmental units as November 25, 2009 (the "Bar Date").  
5.  Baron files this Objection pursuant to Section 502 of the United States 
Bankruptcy Code (the “Bankruptcy Code”) and Rule 3007 of the Federal Rules of Bankruptcy 
Procedure (the “Bankruptcy Rules”). 
III.     OBJECTION TO CLAIM 
6.  Pursuant to Section 502 of the Bankruptcy Code, Baron objects to Randall C. 
Shaffer d/b/a The Law Office of Randal C. Shaffer’s (“Shaffer”) Proof of Claim.  11 U.S.C.A. § 
502(b)(1).  Attached to Shaffer’s Proof of Claim are invoices which have previously been paid, 
as reflected upon those invoices, as well as invoices based upon an hourly rate that the Debtor 
had not agreed to.   
7.  A claimant’s Proof of Claim is deemed allowed unless a party in interest objects.  
11 U.S.C.A. § 502(a).  A creditor is a party in interest.  Id.; see also, Industrial Bank, N.A. v. City 
Bank, 549 U.S. 1019 (2005).  An objection, upon filing, initiates a contested matter by notifying 
the parties that litigation is required to determine the allowance or disallowance of a claim.  
Matter of Taylor, 132 F.3d 256, 260 (5th Cir. 1998).  Once filed, the bankruptcy judge may 
examine the conscionability of a claim asserted against the estate and to disallow it if the claim is 
without lawful existence.  In re Hinkley, 58 B.R. 339, 343 (Bankr. S.D.Tex. 1986). 
8.  Section 101 of the Bankruptcy Code defines a “creditor” as an “entity that has a 
claim against the debtor.”  U.S.C.A. § 101(10)(A).  “To be a creditor in bankruptcy, the debtor 
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JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 2 OF RANDAL C. SHAFFER D/B/A THE 
LAW OFFICE OF RANDAL C. SHAFFER –
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must owe a debt to the claimant.”  In re Internet Navigator, Inc., 289 B.R. 133, 136 (Bankr. N.D. 
Iowa 2003); see also, In re Colonial Poultry Farms, 177 B.R. 291, 299 (Bankr. W.D. Mo. 1995); 
Diasonics v. Ingalls, 121 B.R. 626, 630 (Banrk. N.D. Fla. 1990).  There was no formal fee 
agreement between Shaffer and the Debtor.  Rather, the parties had contemplated a monthly flat 
fee.  Later, Shaffer proposed a contingency fee agreement that included Shaffer associating with 
another firm, but the Debtor never entered into such agreement.  As reflected in the invoices 
attached to Shaffer’s Proof of Claim, the Debtor paid Shaffer $27,000.00 in 2006.  After those 
payments were made, Shaffer sent invoices based on an hourly rate.  However, the Debtor never 
agreed to the rate, or hourly billing at such rate.  Accordingly, Shaffer’s claim should be 
disallowed. 
WHEREFORE, PREMISES CONSIDERED, Baron requests that the Court enter an order 
sustaining his objection to Shaffer’s Proof of Claim and granting Baron such other and further 
relief, general or special, at law or in equity, to which he may show himself justly entitled. 
  
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JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 2 OF RANDAL C. SHAFFER D/B/A THE 
LAW OFFICE OF RANDAL C. SHAFFER –
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Dated: February 22, 2010 
      Respectfully submitted  
            
      By:  /s/ Gerrit M. Pronske___
_ 
Gerrit M. Pronske 
Texas Bar No. 16351640 
Vickie L. Driver 
Texas Bar No. 24026886 
Christina W. Stephenson 
Texas Bar No. 24049535 
PRONSKE & PATEL, P.C. 
2200 Ross Avenue, Suite 5350 
Dallas, Texas 75201 
Telephone: 214.658.6500 
Facsimile: 214.658.6509 
Email: gpronske@pronskepatel.com 
Email: vdriver@pronskepatel.com 
Email: cstephenson@pronskepatel.com 
 
COUNSEL FOR JEFFREY BARON 
 
 
CERTIFICATE OF SERVICE
 
 
  I, the undersigned, hereby certify that on February 22, 2010 I caused to be served the 
foregoing pleading upon the service list attached hereto via the Court’s electronic transmission 
facilities and/or United States mail, first class delivery. 
 
       
       /s/ _Gerrit M. Pronske______ 
       Gerrit M. Pronske 
 
     
 
       
 
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