Case Information
*1 Case 07-00272 Doc 220 Filed 09/02/08 Entered 09/02/08 15:33:28 Desc Main Document Page 1 of 2 The Memorandum Decision and Order below is hereby
signed. Dated: September 2, 2008.
_____________________________ S. Martin Teel, Jr.
United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re )
) THE ROCK CREEK INTERNATIONAL ) Case No. 07-00272 SCHOOL, ) (Chapter 11)
) Not for Publication in Debtor. ) West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DIRECTING DEBTOR TO SUPPLEMENT OBJECTION TO CLAIM OF FLEXAMERICA, INC.
The debtor, Rock Creek International School, has filed an objection to the claim of Flexamerica, Inc. (“Claimant”). The debtor has neglected to attach evidence in admissible form (having attached an payables account ledger purportedly showing a check issued postpetition to the Claimant, but no affidavit authenticating the ledger or verifying that payment cleared). The debtor has thus not rebutted the prima facie validity of the scheduled claim. See Fed. R. Bankr. P. 3003(b). Beyond that, however, allowance is tested as of the petition date (see 11 U.S.C. § 502(b)), and as the alleged payment was postpetition the debtor could simply treat the claim as paid to that extent instead of attempting to obtain a disallowance of the claim. Moreover, the confirmed plan provided in paragraph 5.02 that:
Case 07-00272 Doc 220 Filed 09/02/08 Entered 09/02/08 15:33:28 Desc Main
Document Page 2 of 2
Treatment of Class 2 (General Unsecured Class). Allowed Unsecured Claims in Class 2 shall be paid in full, with post-petition interest, by the Debtor within thirty days after the Effective Date.
The debtor does not allege that the Claimant has been paid post- petition interest. It is thus
ORDERED that by September 25, 2008, the debtor shall file evidence demonstrating error in the scheduled claim of Flexamerica, Inc. to rebut the prima facie validity of that claim as of the petition date, if such rebuttal evidence is available, and if no such supplementation is filed, the claim will be allowed as of the petition date, without prejudice to the debtor’s position that it paid $260.00 of the claim postpetition.
[Signed and dated above.] Copies to: Debtor; Debtor’s attorney; Office of United States Trustee; Patrick J. Potter, and:
Flexamerica, Inc. Bill Arnold 6500 Rock Spring Dr., Ste. 105 Marcher Consultants, Inc Bethesda, MD 20817 8230 Leesburg Pike, Suite 610
Vienna, VA 22182 2 O:\TEEL\Judge Temp Docs\Rock Creek International School - Order to Supplement Objection to Claim of Flexamerica.wpd