Helen Mobley

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
HELEN MOBLEY,
Debtor.
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Case No. 10-00116
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER OVERRULING DEBTOR’S
OBJECTION TO THE PROOF OF CLAIM FILED BY PALISADES COLLECTIONS
On March 25, 2010, the debtor filed an objection to the
proof of claim filed by Palisades Collections LLC in the above-
captioned case (Dkt. No. 19). 	In the objection, the debtor
argues that the court should deny the claim because “the creditor
has not provided the required documentation to support the
claim.” 	Palisades attached to its proof of claim a printout
listing the debtor’s name, Beneficial as the original creditor,
and a notation that “No additional supporting documentation is
available.” 	Palisades also attached to its claim an Assignment
and Bill of Sale from Collins Financial Services, Inc., to
Palisades. 	The debtor contends that this documentation is
inadequate because “it does not contain any language that
references the debtor, the debt, or the basis for any claim
The document below is signed, amending the Minute Order issued
on May 31, 2010. Dated: June 1, 2010.
______________________
S. Martin Teel, Jr.
U.S. Bankruptcy Judge
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against the debtor” and because “[t]he creditor fail[ed] to
provide any court judgment or any other document evidencing the
existence of a debt.” 	Finally, the debtor’s objection stated
that she never had any account with either company.
On May 3, 2010, I entered a minute order directing the
debtor to file an affidavit in support of the objection,
explaining that it was not clear that the proof of claim was
based on a writing within the meaning of Rule 3001(c) and that
the objection itself was insufficient to overcome the prima facie
validity of the claim. 	The deadline for the debtor to file her
affidavit in support of her objection was May 24, 2010.
Under Federal Rule of Bankruptcy Procedure 3001(f), “A proof
of claim executed and filed in accordance with these rules shall
constitute prima facie evidence of the validity and amount of the
claim.” 	Even though the debtor’s objection is unopposed, the
objection standing by itself is insufficient to overcome the
prima facie validity of the proof of claim, which might not
require additional documentation if the claim were not based on a
writing. 	Without evidence in support of the objection (here, an
affidavit), the objection fails to overcome the prima facie
validity afforded the claim by Rule 3001(f) and, accordingly,
must be denied notwithstanding Palisades’ failure to file in
opposition to the objection. 	For these reasons, it is
ORDERED that the debtor’s objection to the proof of claim
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filed by Palisades Collections LLC (Dkt. No. 19) is OVERRRULED
without prejudice to filing an amended objection accompanied by a
supporting affidavit.
[Signed and dated above.]
Copies to: Debtor; Debtor’s Attorney; Chapter 13 Trustee;
Thomas Neaves, GM
Vativ Recovery Solutions, LLC
As Agent for Palisades Collections, LLC
P.O. Box 19249
Sugar Land, TX 77496
3	O:\TEEL\Garrett\Orders\Misc\Overrule Objection POC (MOBLEY).wpd
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