The Rock Creek International School

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Not for Publication in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 CLAIMS OF WAGE CLAIMANTS
The debtor, Rock Creek International School, has filed
objections, Docket Entry Nos. 203, 205, 207, and 209, to the
scheduled priority wage claims of, respectively, Iris Custodio,
Gabriela Duhart, Henriette Mendo, Faten Gaffer (“Claimants”).
The debtor has neglected to attach evidence in admissible form,
having attached payables account ledgers purportedly showing
payments to the Claimants, but no affidavit authenticating the
ledgers or verifying that payments cleared. 	Moreover, each of
the scheduled claims exceeds the amount of payments the debtor
alleges it made to the respective Claimant. 	The debtor has thus
not rebutted the prima facie validity of the scheduled claims.
See Fed. R. Bankr. P. 3003(b).
Beyond that, however, allowance is tested as of the petition
The Memorandum Decision and Order below is signed.
Dated: September 25, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-00272 Doc 222 Filed 09/02/08 Entered 09/02/08 15:39:12 Desc Main
Document Page 1 of 2

2	O:\TEEL\Judge Temp Docs\Rock Creek International School - Order to Supplement Objection to Claim of Wage Claimants.wpd
date (see 11 U.S.C. § 502(b)), and as the alleged payments were
postpetition the debtor could simply treat the claims as paid to
that extent instead of attempting to obtain a disallowance of the
claims. 	It is thus
ORDERED that by September 25, 2008, the debtor shall
supplement its objections (Docket Entry Nos. 203, 205, 207, and
209) to scheduled priority wage claims to present evidence
demonstrating error in the scheduled claims of, respectively,
Iris Custodio, Gabriela Duhart, Henriette Mendo, and Faten
Gaffer, to rebut the prima facie validity of each claim as of the
petition date, if such rebuttal evidence is available, and if no
such supplementation is filed, the claims will be allowed as of
the petition date, without prejudice to the debtor’s position
that it made postpetition payments towards satisfaction of the
claims.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Office of United States
Trustee; Patrick J. Potter, and:
Gabriela Duhart
3156 Homes Run Road
Falls Church, VA 22042
Iris Custodio
10213 Douglas Avenue
Silver Spring, MD 20902
Henriette Mendo
6632 24th Avenue
Hyattsville, MD 20782
Faten Gaffer
7990 Avery Court
Alexandria, VA 22306
Bill Arnold
Marcher Consultants, Inc
8230 Leesburg Pike, Suite 610
Vienna, VA 22182
Case 07-00272 Doc 222 Filed 09/02/08 Entered 09/02/08 15:39:12 Desc Main
Document Page 2 of 2