Corey Dewayne Askew

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
IN RE: 	*
* 	CASE NO. 07-00656 SMT
COREY ASKEW 	* 	CHAPTER 13
*
DEBTOR 	*
ORDER SUSTAINING OBJECTION TO EMC
MORTGAGE CORPORATION CLAIM
UPON CONSIDERATION of Debtor’s Objection to EMC Mortgage Corporation’s
Claim, and any response thereto, and following notice and an opportunity for a hearing and this
Court having found that just and sufficient cause exists for granting the relief requested therein, it
is by the United States Bankruptcy Court for the District of Columbia, hereby
ORDERED, that Debtor’s objection be and is sustained, and that EMC Mortgage
Corporation’s Claim against Debtor, as set forth in its Proof of Claim, be and is disallowed.
Copies to:
James M. Greenan, Esquire
McNamee Hosea, et al.
6411 Ivy Lane, suite 200
Greenbelt, Maryland 20770
MEMORANDUM DECISION AND ORDER The debtor's unopposed
objection to the proof of claim of EMC Mortgage Corp. contends
that "EMC has failed to properly credit his account from the
proceeds of the prior sale of the real property securing EMCs
claim against Debtor," and "Debtor is not indebted to EMC in the
amount stated in the EMC Proof of Claim." (EMC has not filed an
amended proof of claim showing how it credited the sales
proceeds.)In light of the prima facie validity of the proof of claim,
and the debtor's failure to state what amount is owed to EMC, it is
ORDERED that by November 14, 2008, the debtor shall file an
affidavit or affidavits rebutting the prima facie validity of EMC's
proof of claim, and setting forth the amount that is owed to EMC.
It is further
ORDERED that the debtor shall submit a revised proposed
order disallowing the claim to the extent it exceeds the amount
owed. It is further
ORDERED that the proposed order below is stricken. Dated:
October 15, 2008.
______________________
S. Martin Teel, Jr.
U.S. Bankruptcy Judge
Case 07-00656 Doc 93 Filed 10/16/08 Entered 10/16/08 08:11:55 Desc Main
Document Page 1 of 2

LCS Financial
6560 Greenwood Plaza Boulevard, Suite 350
Englewood, Colorado 80111
Cynthia A. Niklas, Esquire
4545 42 nd St., NW, #211
Washington, DC 20016-4623
Ocwen
Attn: Bankruptcy
12650 Ingenuity Drive
Orlando, Florida 32826
Attn: Michele Rice, Bankruptcy Supervisor
All creditors and parties requesting notice.
END OF ORDER
Case 07-00656 Doc 93 Filed 10/16/08 Entered 10/16/08 08:11:55 Desc Main
Document Page 2 of 2