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 ) ) ) ) ) ) Case No. 07-00272 (Chapter 11) Not for Publication in West’s Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DIRECTING DEBTOR TO SUPPLEMENT OBJECTION TO CLAIM OF FLEXAMERICA, INC. The debtor, Rock Creek International School, has filed an objection to the claim of Flexamerica, Inc. (“Claimant”). The debtor has neglected to attach evidence in admissible form (having attached an payables account ledger purportedly showing a check issued postpetition to the Claimant, but no affidavit authenticating the ledger or verifying that payment cleared). The debtor has thus not rebutted the prima facie validity of the scheduled claim. See Fed. R. Bankr. P. 3003(b). Beyond that, however, allowance is tested as of the petition date (see 11 U.S.C. § 502(b)), and as the alleged payment was postpetition the debtor could simply treat the claim as paid to that extent instead of attempting to obtain a disallowance of the claim. Moreover, the confirmed plan provided in paragraph 5.02 that: 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 220 Filed 09/02/08 Entered 09/02/08 15:33:28 Desc Main Document Page 1 of 2
2 O:\TEEL\Judge Temp Docs\Rock Creek International School - Order to Supplement Objection to Claim of Flexamerica.wpd Treatment of Class 2 (General Unsecured Class). Allowed Unsecured Claims in Class 2 shall be paid in full, with post-petition interest, by the Debtor within thirty days after the Effective Date. The debtor does not allege that the Claimant has been paid post- petition interest. It is thus ORDERED that by September 25, 2008, the debtor shall file evidence demonstrating error in the scheduled claim of Flexamerica, Inc. to rebut the prima facie validity of that claim as of the petition date, if such rebuttal evidence is available, and if no such supplementation is filed, the claim will be allowed as of the petition date, without prejudice to the debtor’s position that it paid $260.00 of the claim postpetition. [Signed and dated above.] Copies to: Debtor; Debtor’s attorney; Office of United States Trustee; Patrick J. Potter, and: Flexamerica, Inc. 6500 Rock Spring Dr., Ste. 105 Bethesda, MD 20817 Bill Arnold Marcher Consultants, Inc 8230 Leesburg Pike, Suite 610 Vienna, VA 22182 Case 07-00272 Doc 220 Filed 09/02/08 Entered 09/02/08 15:33:28 Desc Main Document Page 2 of 2
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