Stephen Thomas Yelverton

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
STEPHEN THOMAS YELVERTON,
Debtor.
)
)
)
)
)
Case No. 09-00414
(Chapter 11)
MEMORANDUM DECISION AND ORDER DENYING WITHOUT
PREJUDICE MOTION OF STEPHEN THOMAS YELVERTON TO VACATE ORDER
OVERRULING DEBTOR’S OBJECTION TO CLAIM NUMBERS 20, 21, AND 22
Before the court is the motion of the debtor, Stephen Thomas
Yelverton, to vacate this court’s January 22, 2010, order
overruling Yelverton’s objection to the claims of American
Express. 	For the reasons set forth below, I will deny the motion
without prejudice.
On May 14, 2009, the debtor commenced the above-captioned
case under chapter 11 of the Bankruptcy Code. 	On July 14, 2009,
August 14, 2009, and August 17, 2009, American Express timely
filed a proofs of claim in the case, claiming $63,720.17,
$44,766.73, and $11,428.30, respectively, owed on unpaid credit
card debt (Claims No. 20, 21, and 22). 	On September 22, 2009,
Yelverton filed objections to the proofs of claim, arguing that
he was not liable for the amount because American Express had
The document below is hereby signed.
Signed: April 09, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00414 Doc 254 Filed 04/09/10 Entered 04/09/10 10:20:55 Desc Main
Document Page 1 of 3

previously sold or assigned the debts to a third-party collection
agency. 	American Express timely filed in response to the
debtor’s objections. 	At an evidentiary hearing on January 21,
2010, I overruled Yelverton’s objections and the next day entered
an order memorializing that decision.
On January 31, 2010, Yelverton filed this motion vacate,
arguing that he made previous payments to a collection agency and
that based on the evidence American Express submitted in support
of its claim Yelverton was unable to discern whether he had
received credit for those payments. 	This was a ground for
objection that Yelverton did not raise in his original motion.
American Express filed in response and stated that in an effort
to resolve the dispute it would “supplement its claim by way of
providing additional account statements to the Debtor, reflecting
payments made by the Debtor on the accounts and that the balances
of the claims are correct.” 	In his reply, Yelverton stated that
he was a agreeable to this proposal. 	It appearing to the court
that there exists the potential for the parties to resolve the
dispute without the necessity of court intervention, it is
ORDERED that Yelverton’s motion to vacate is DENIED without
prejudice to his refiling in the event the information provided
to him by American Express is insufficient to allay the concerns
he raised in his motion to vacate.
[Signed and dated above.]
2
Case 09-00414 Doc 254 Filed 04/09/10 Entered 04/09/10 10:20:55 Desc Main
Document Page 2 of 3

Copies to: Debtor; Jeffrey Friedman, attorney for American
Express Bank, FSB, and American Express Centurion Bank; Office of
the United States Trustee.
3	O:\TEEL\Garrett\Decisions\YelvertonReconsiderAMEX.wpd
Case 09-00414 Doc 254 Filed 04/09/10 Entered 04/09/10 10:20:55 Desc Main
Document Page 3 of 3