Baron’s Objection to Grupo Andrea’s Proof of Claim

 
JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –
 
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. 10  
OF GRUPO ANDREA S.A. DE C.V. 
 
  Jeffrey  Baron (“Baron”), a creditor and party in interest in this case, hereby files his 
Objection to Proof of Claim No. 10 of Grupo Andrea S.A. de C.V. (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 
Case 09-34784-sgj11    Doc 271    Filed 02/22/10    Entered 02/22/10 18:53:17    Desc
 Main Document      Page 1 of 5

 
JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –
 
PAGE 2 
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 Grupo Andrea 
S.A. de C.V.’s (“Grupo Andrea”) Proof of Claim.  11 U.S.C.A. § 502(b)(1).  Baron asserts such 
claim is unenforceable because Grupo Andrea has no standing as a creditor, as defined by the 
Bankruptcy Code, to file such a claim against Ondova.   11 U.S.C.A. § 101(10)(A).  Grupo 
Andrea has neither obtained any judgment against Ondova nor has it established the requisite 
existence of any debt owed to it by Ondova.  Thus, because Grupo Andrea has no standing to file 
such a claim, Baron contends same should be disallowed. 
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). 
Case 09-34784-sgj11    Doc 271    Filed 02/22/10    Entered 02/22/10 18:53:17    Desc
 Main Document      Page 2 of 5

 
JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –
 
PAGE 3 
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 
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).  Here, Grupo Andrea filed its 
November 25, 2009 claim based upon an October 27, 2009 Consent Judgment in the lawsuit 
styled, Grupo Andrea SA de C.V. v. Privacy Protection Services, Inc. (d/b/a Oakwood Services, 
Inc.), CV 08-05589 (C.D. Cal.) (the “California Lawsuit”).  See Exhibit “A.”  The Consent 
Judgment reflects only Grupo Andrea’s judgment over the Defendant in the California Lawsuit, 
Protection Privacy Services, Inc. (d/b/a Oakwood Services, Inc.).  Id.  Ondova was not a party to 
the California Lawsuit or the settlement which resulted in the Consent Judgment.  Id.  As such, 
any claim pursuant to the Consent Judgment would not be owed by the Debtor.  Accordingly, 
Grupo Andrea’s claim should be disallowed. 
9.  In the California Lawsuit, Grupo Andrea alleged the Defendant’s involvement in 
a “massive cybersquatting scheme,” coupled with its belief of an accompanying conspiracy.  Id.  
Prior to settling that case, Grupo Andrea admits to obtaining discovery between the beginning of 
July through October 2009 which indicated both an ownership dispute over an internet domain 
name portfolio registered by the Defendant, as well as Ondova’s potential rights to same.
1
  Id.  
During this same period, Grupo Andrea also knew of the Debtor’s bankruptcy case.  Id.  Despite 
this knowledge and its awareness of Ondova’s potential ownership interest in the domain name 
portfolio, Grupo Andrea never sought to lift the automatic stay to add Ondova to the California 
Lawsuit.  See  Exhibits “A” and “B.”  Instead, Grupo Andrea knowingly entered into the 
                                                 
1
 In addition to its receipt of written discovery and documents, Grupo Andrea also sought and took Jeff Baron’s 
Bankruptcy Rule 2004 examination on September 18, 2009.    
Case 09-34784-sgj11    Doc 271    Filed 02/22/10    Entered 02/22/10 18:53:17    Desc
 Main Document      Page 3 of 5

 
JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –
 
PAGE 4 
Consent Judgment.  Id.  Now, by filing this claim, Grupo Andrea is attempting an “end run” 
around the legal system to circumvent the Debtor’s rights and federal bankruptcy law.  Grupo 
Andrea has no claim against the Debtor based upon the Consent Judgment.  Therefore, as Grupo 
Andrea does not qualify as a creditor of the Debtor, Grupo Andrea’s Proof of Claim should be 
disallowed. 
WHEREFORE, PREMISES CONSIDERED, Baron requests that the Court enter an order 
sustaining his objection to Grupo Andrea’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. 
  
Case 09-34784-sgj11    Doc 271    Filed 02/22/10    Entered 02/22/10 18:53:17    Desc
 Main Document      Page 4 of 5

 
JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –
 
PAGE 5 
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 party listed below and 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 
 
Michael A. Grow, Esq. 
Arent Fox LLP 
1050 Connecticut Ave., NW  
Washington, D.C. 20036     
 
       
 
Case 09-34784-sgj11    Doc 271    Filed 02/22/10    Entered 02/22/10 18:53:17    Desc
 Main Document      Page 5 of 5