Steven A Benson

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
STEVEN A. BENSON,
Debtor.
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Case No. 08-00074
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE TRUSTEE’S OBJECTION TO CLAIM OF
HOWARD UNIVERSITY FCU/NATIONAL CREDIT CORPORATION AS SECURED
The trustee has objected to the claim of Howard University
FCU/National Credit Corporation to the extent that the proof of
claim asserts that the creditor holds a secured claim with
respect to $4,355.35 of the claim. 	The creditor’s proof of claim
indicates that it is secured by a motor vehicle, but it attaches
no documents to demonstrate that the claim is a secured claim.
The debtor scheduled the claim as an unsecured claim (and in a
different amount, but the amount of the claim is not contested by
the trustee). 	As observed in In re Anderson, 330 B.R. 180, 184-
85 (Bankr. S.D. Tex. 2005):
[I]f a creditor claims a security interest in property
of the debtor, proof that the security interest has
been perfected must accompany the proof of claim.
The Memorandum Decision below is hereby signed.
Dated: September 25, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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Bankruptcy Rule 3001(d). 	If the proof of claim is
filed in accordance with the Bankruptcy Rules, it will
“constitute prima facie evidence of the validity and
amount of the claim.” 	Bankruptcy Rule 3001(f). . . .
. . . If, however, the relevant documentation is
missing, the creditor may not rest on the proof of
claim to establish its lien against the debtor’s
assets. 	In such a case, the creditor must establish
its lien in one of two ways: (1) amend its incomplete
proof of claim; or (2) introduce evidence at a hearing
proving up the lien.
[Citations omitted.] 	Rule 3001(d) specifically provides that
“[i]f a security interest in property of the debtor is claimed,
the proof of claim shall be accompanied by evidence that the
security interest has been perfected.” 	Here, Howard University
FCU has failed to take steps to protect its interests in response
to the objection to its claim:
• 	It has not amended its proof of claim to attach a copy
of the certificate of title demonstrating that it has a
lien upon the subject vehicle. 	(In the District of
Columbia, a lien upon a motor vehicle is perfected by
noting the lien upon the certificate of title for the
motor vehicle.)
• 	Nor has it, alternatively, filed a response to the
trustee’s objection to claim, which gave clear notice
that in the absence of a response, the court could
sustain the objection to the claim without the
necessity of a hearing.
Accordingly, I will sign the trustee’s proposed order sustaining
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3	O:\TEEL\Judge Temp Docs\Benson (Steven) Objection to Claim Decision_v2.wpd
the objection to the proof of claim.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee; and:
Howard University FCU
2400 - 6 th Street, NW
Washington, DC 20059-0002
Attention: Acount No. Ending in 6493
National Credit Corporation
PO Box 9156
Alexandria, VA 22304-0156
Attention: Account No. Ending in 6493
Michael E. Hines
Assistant Manager
Howard University FCU
2400 - 6 th Street, NW
Washington, DC 20059-0002
Attention: Acount No. Ending in 6493
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