I have confirmed with the Clerk's office in Texas that my wife's objections to the motion to dismiss bankruptcy was filed today.
Here is a copy of the text of that document.
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONION DIVISION
In re: § Case: 07-10940
§
PRIVADA INC. § Chapter 7
f/k/a NETCO INVESTMENTS, INC., §
§
Debtor. §
MALGORZATA DUSZAK’S OPPOSITION TO THE MOTION TO DISMISS BANKRUPTCY
Petitioning creditor Malgorzata Duszak opposes the motion to dismiss filed by the subordinate creditors that hold a note convertible into stock. Duszak has no knowledge of the lawsuit or proceedings in the Eastern District of New York that are cited by the movants and is not a party in that case. Duszak is a party in the Delaware lawsuit that was filed against third parties that has no relevance to these proceedings. Duszak participated telephonically in those hearings and her identity was established to the Court through notarized affidavits duly accepted and authenticated.
As to the present action, the movants did not state what their objection to Duszak’s claims are. Duszak will clarify her claim by filing a proof of claim this week. In addition to her unsecured claims, Duszak presently holds approximately 3% of the outstanding shares of the company and is a subordinate creditor of the company as well.
The company did not dispute Duszak’s claims. The subordinate creditor/convertible note holders have the burden to prove that the claims are not valid with “affirmative proof.” In re: Marineland Ocean Resorts, Inc., 242 B.R. 748, 757 (Bk. M.D. Fl. 1999). In this case, the movants did not provide any affirmative proof.
WHEREFORE, Petitioning Creditor Malgorzata Duszak demands that the Court deny the motion to dismiss.
Respectfully submitted,
______________________________
Malgorzata Duszak
ul. Chopina 2a/4
Elblag, Poland 82-300
+48-22-389-6930
