1:07-bk-00272•The Rock Creek International School
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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re THE ROCK CREEK INTERNATIONAL SCHOOL, Debtor. ) ) ) ) ) ) Case No. 07-00272 (Chapter 11) Not for Publication in West’s Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DIRECTING DEBTOR TO SUPPLEMENT OBJECTION TO CLAIM OF CERIDIAN CORP. The debtor, Rock Creek International School, has filed an objection to the claim of Ceridian Corporation (“Claimant”). On August 9, 2007, Claimant filed proof of claim number 17, asserting an unsecured non-priority claim in the amount of $246.99 (the “Claim”). The claimant’s proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f). The debtor contends that “Claimant is no longer owed $246.99, because it has since paid such claim in full and is owed a credit balance, as evidenced by the invoice reflecting the credit balance provided by the Claimant, attached [to the objection] as Exhibit ‘A.’” The attachment, however, relates to a different invoice number than the invoice number of the invoice attached to the proof of claim, The Memorandum Decision and Order below is hereby signed. Dated: September 2, 2008. _____________________________ S. Martin Teel, Jr. United States Bankruptcy Judge Case 07-00272 Doc 216 Filed 09/02/08 Entered 09/02/08 12:52:48 Desc Main Document Page 1 of 2
2 O:\TEEL\Judge Temp Docs\Rock Creek International School - Order to Supplement Objection to Ceridian Claim.wpd and the Claimant has supplemented its proof of claim by filing an explanation that it took a security deposit for $300 from the debtor postpetition for continuing to provide the debtor postpetition services, resulting in a credit balance with respect to the debtor’s postpetition account in the amount of $300. Although that supplementation was not filed by a member of the bar of the court, and was not filed as an amended proof of claim under penalty of perjury (which would not have required filing by a member of the bar of the court), neither was the attachment to the debtor’s objection accompanied by a statement under penalty of perjury. It is accordingly ORDERED that by September 25, 2008, the debtor shall file a supplementation to its objection to the proof of claim of Ceridian Corp. rebutting the prima facie validity of that proof of claim, if such rebuttal evidence is available. [Signed and dated above.] Copies to: Debtor; Debtor’s attorney; Office of United States Trustee; Patrick J. Potter, and: Linda L. Cory Account Relations Rep. Ceridian Corporation 9150 South Hill Blvd., #100 Broadview Heights, OH 44147 Bill Arnold Marcher Consultants, Inc 8230 Leesburg Pike, Suite 610 Vienna, VA 22182 Case 07-00272 Doc 216 Filed 09/02/08 Entered 09/02/08 12:52:48 Desc Main Document Page 2 of 2
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