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
Case 09-34784-sgj11 Doc 270 Filed 02/22/10 Entered 02/22/10 18:48:59 Desc
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