JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –

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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

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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 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).

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JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –

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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.

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

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.

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JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –

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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.

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JEFFREY BARON’S OBJECTION TO PROOF OF CLAIM NO. 10 OF GRUPO ANDREA S.A. DE C.V. –

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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 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

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