Yvonne N. Hart

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
YVONNE N. HART,
Debtor.
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Case No. 07-00115
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER RE
OBJECTION TO CLAIM OF TRIAD FINANCIAL
The Chapter 13 trustee has filed an objection to the proof
of claim filed by Triad Financial Corp., on August 25, 2008,
stating that she:
objects to the proof of claim filed herein on August
25, 2008, by Triad Financial Corporation, as unsecured
in the amount of $12,034.92, although not correctly
designated as such, it appears to be an amendment of a
previously filed and allowed secured claim in the
amount of $17,776.28 on March 27, 2007 by said creditor
and bearing same account number 7377096-xxxx.
Triad failed to check the box on the proof of claim filed on
August 25, 2008, indicating that it actually amended the proof
of claim filed on March 27, 2007. 	The trustee’s proposed order
would thus disallow the claim as a duplicate of the earlier
claim. 	Triad has failed to respond. 	The debtor’s confirmed plan
provided that Triad’s claim, to the extent it was an allowed
The document below is hereby signed. Dated: October 15, 2008.
______________________
S. Martin Teel, Jr.
U.S. Bankruptcy Judge
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1 	It is unclear why Triad asserted in its newest proof of
claim filed on August 25, 2008, that the claim is unsecured.
Triad and the debtor had recently entered into an agreed order
modifying the automatic stay, giving the debtor time to cure
postpetition arrears. 	It is unlikely that there would have been
a default by the debtor under that order that would have
permitted Triad to repossess the vehicle and sell it prior to
August 25, 2008, the date of the filing of the new proof of
claim.
2	O:\TEEL\Judge Temp Docs\Hart (Yvonne) Mem Decsn re Objn to Triad Claim.wpd
secured claim, would be paid directly by the debtor, and provided
that allowed unsecured claims were to be paid in full with 6% per
annum postconfirmation interest. 	Because no one has objected to
the original proof of claim, and Triad has failed properly to
amend that proof of claim, the claim asserted therein remains an
allowed secured claim. 	It would be inappropriate for Triad to
have its claim treated as both an allowed secured claim being
paid by the debtor directly and as an allowed unsecured claim
being paid through the plan. 1 	It is in that sense that the proof
of claim is an improper duplicate claim.
An order follows sustaining the trustee’s objection to the
newest proof of claim. 	The disallowance is without prejudice to
the filing of an amended proof of claim that makes clear that it
amends the original proof of claim.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee.
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