IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF ALABAMA GREG W. HOWARD, SANDRA E.

HOWARD, Debtors. * * * * CASE NO. 10-10511

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CHAPTER 13
PURSUANT TO LBR 3007-1, THE COURT WILL TAKE THIS OBJECTION UNDER ADVISEMENT AND RULE, WITHOUT FURTHER NOTICE OR HEARING, UNLESS THE CLAIMANT FILES WITH THE COURT, WITH SERVICE UPON THE OBJECTING PARTY, A RESPONSE WITHIN 30 DAYS OF SERVICE OF THIS OBJECTION.

DEBTORS’ OBJECTION TO CLAIM #11-1 OF MASSACHUSETTS DEPARTMENT OF REVENUE, CHILD ENFORCEMENT DIVISION COME NOW the Debtors, by and through the undersigned, and object to the priority

claim filed by Massachusetts Department of Revenue, Child Enforcement Division (hereinafter “Department of Revenue”) in the amount of $99,850.86 and as grounds thereof show unto the Court as follows: 1.

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2. 26, 2010. 3. Case 10-10511 Doc 31

The Massachusetts Department of Revenue filed a priority child support arrearage claim on behalf of Valerie Mitchell in the amount of $99,850.86.

However, the Debtor is only $7,551.56 in arrears to the child support

claimant, Valerie Mitchell, according to the Alabama state court order dated

February 26, 2010. Attached hereto please find the state court order of February

Furthermore, the Alabama Department of Human Resources filed a

priority claim in the amount of $7,631.14 for the domestic support obligation arrearage claim of Valerie Mitchell. Attached hereto please find the proof of claim filed by Alabama Department of Human Resources.

Filed 09/21/10 Entered 09/21/10 13:41:34 Document Page 1 of 2

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4.

Additionally, Alabama Department of Human Resources’ claim will be paid in full under the terms of the Debtors’ Plan.

5.

As a result, the Debtors assert that priority claim #11-1 filed by Massachusetts Department of Revenue in the amount of $99,850.86 should be disallowed as said

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amount is no longer owed to said creditor and is being collected through Alabama Department of Human Resources as referenced in its proof of claim and provided for in the Debtors’ Plan. WHEREFORE, the Debtors respectfully request this Honorable Court sustain this objection and disallow Claim #11-1 filed by Massachusetts Department of Revenue, Child Enforcement Division in its entirety. RESPECTFULLY SUBMITTED this 21st day of September, 2010. BROCK & STOUT /s/ J. Clarke Walker J. Clarke Walker {WAL200} Attorney for Debtors Post Office Drawer 311167 Enterprise, Alabama 36331-1167 (334) 393-4357 (334) 393-0026 FAX CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have this date mailed a copy of the foregoing upon the Bankruptcy Administrator, Curtis C. Reding, Chapter 13 Trustee, Massachusetts Department of Revenue, Child Support Division, Attention: Jodi B. Rowland-Lowney, Esq., P. O. Box 9561, 5th Floor, Boston, MA 02114, Alabama Department of Human Resources, c/o Melanie Hinson, Esq. P. O. Box 480669, Linden, AL 36748, Valerie Mitchell, 124 Marboro Road, Southbourgh, MA 01772, by first class U.S. Mail, postage prepaid, or by electronic noticing in accordance with the local rules of the Bankruptcy Court this 21st day of September, 2010. /s/ J. Clarke Walker J. Clarke Walker {WAL200} Attorney for Debtors Case 10-10511 Doc 31 Filed 09/21/10 Entered 09/21/10 13:41:34 Document Page 2 of 2 Desc Main

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