Yvonne H. Fendall

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
YVONNE H. FENDALL,
Debtor.
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Case No. 08-00001
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER TO SUPPLEMENT OBJECTION TO CLAIM
The debtor has filed an objection to the claim of Yvonetta
Jackson, Claim No. 1, asserting that the claim is not in proper
form, is not supported by documentation required if the claim is
alleged to be secured, and provides insufficient documentation to
establish the amount of the claim (Docket Entry (“DE”) No. 39,
filed March 13, 2008).
The proof of claim in question asserts a $100,000.00 secured
claim based on money loaned and services performed. 	Attached to
the proof of claim is a September 6, 2007 Lis Pendens Notice
filed by Ms. Jackson in which Ms. Jackson alleges that she
advanced a total of at least $71,000 to the debtor, including
$39,000.00 to reinstate a loan, $30,000.00 for renovations,
$2,000.00 for property insurance, and additional sums for
The Memorandum Decision and Order below is hereby
signed. Dated: May 8, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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utilities. 	The Lis Pendens Notice further contends that Ms.
Jackson is entitled to either payment of the $100,000.00 plus
interest and legal fees or a conveyance of legal title of the
real property known as 3322 Ely Place SE, Washington D.C. 20019.
The Lis Pendens Notice does not create a lien, and an
asserted right to the conveyance of real property based upon the
debtor’s non-payment of an otherwise unsecured debt does not give
rise to a secured claim. 	Thus, the court agrees with the debtor
that the claim does not provide adequate support for Ms.
Jackson’s assertion that the claim is secured and the court will
sustain the debtor’s objection as to that issue. 	As to the
balance of the debtor’s objection, however, and for the following
reasons, the court will require the debtor to submit an affidavit
or affidavits rebutting the prima facie validity of the claim.
A properly executed and filed proof of claim constitutes
“prima facie evidence of the validity and amount of the claim.”
F.R. Bankr. P. 3001(f). 	Rule 3001(f) treats a proof of claim,
executed under penalty of perjury, as the equivalent of an
affidavit supporting the creditor's claim, casting the burden on
the objecting party to adduce contrary evidence. 	Under Rule
3001(f), the court may direct that the debtor file an affidavit
to overcome the prima facie evidence of the validity and amount
of a claim. 	See Garner v. Shier (In re Garner), 246 B.R. 617
(B.A.P. 9th Cir. 2000); In re Nejedlo, 324 B.R. 697, 700 (Bankr.
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E.D. Wis. 2005) (evidence rebutting prima facie validity of claim
may come “in the form of an affidavit or declaration, especially
when the claimants themselves do not respond or appear at the
hearing on the Objections,” (citing Garner)).
To the extent the proof of claim indicates that Ms. Jackson
advanced $71,000.00 for the benefit of the debtor, Ms. Jackson’s
claim appears to be a claim for monies received and constitutes
prima facie evidence of the validity of the claim at least with
respect to those amounts. 	Thus, notwithstanding that the
debtor’s objection to claim is unopposed, the debtor needs to
address whether Ms. Jackson did, in fact, pay the amounts recited
by Ms. Jackson in her proof of claim. 	It is thus
ORDERED that the court sustains the debtor’s objection to
Yvonetta Jackson’s assertion that her claim, Claim No. 1, is a
secured claim. 	It is further
ORDERED that within 25 days after entry of this order, the
debtor shall file and serve on Ms. Jackson an affidavit or
affidavits addressing Ms. Jackson’s claim that she advanced money
to the debtor and demonstrating that no claim is owed. 	It is
further
ORDERED that within 15 days of the debtor’s filing of an
affidavit or affidavits, Ms. Jackson may file an affidavit
countering the debtor’s affidavit or affidavits. 	Ms. Jackson is
warned that if she fails to file such a response, the court may
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sustain the debtor’s objection.
[Signed and dated above.]
Copies to: Debtor; Debtor's Attorney; Cynthia A. Niklas; and
Yvonnetta Jackson
8025 Dorado Ter.
Brandywine, MD 20613
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