Stuart Mills Davenport

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
STUART MILLS DAVENPORT,
Debtor.
)
)
)
)
)
)
Case No. 09-00772
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER OVERRULING
OBJECTION TO PROOF OF CLAIM FILED BY OSHA
The debtor has objected to the proof of claim, assigned
number 10 on the claims register, for $1,500.00 filed by U.S.
Department of Labor-OSHA, stating:
1. 	Claimant OSHA filed the above-referenced Proof of Claim
on September 29, 2009. 	Claimant filed no attachments
to its proof of claim that would tend to prove Debtor
was personally responsible for this claim.
2. 	The proof of claim itself offers no evidence that
Debtor is personally liable on the claim.
3. 	Debtor argues that, absent proof of his personal
responsibility, Claimant’s claim should be denied in
the instant case.
OSHA has not responded. 	The debtor does not assert that he is
The document below is hereby signed.
Signed: February 18, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00772 Doc 89 Filed 02/19/10 Entered 02/19/10 09:08:00 Desc Main
Document Page 1 of 2

1 	Even if he had done that, the burden would still remain
for him to produce evidence that rebuts the prima facie
correctness of the claim. 	An affidavit stating in conclusory
terms that the debtor is not personally liable for the debt would
not satisfy that burden.
2	O:\TEEL\Garrett\Orders\Misc\Overrule Objection POC OSHA (Davenport).wpd
not personally liable on the debt. 	The proof of claim is prima
facie correct. 	Fed. R. Bankr. P. 3001(f). 	The debtor’s pleading
burden is affirmatively to state non-conclusory facts
demonstrating that the claim is invalid. 	He does not even come
out and state that the debt is not owed. 1 	Unless the debtor
affirmatively contends that he is not personally liable on the
debt, he has not stated a valid objection to the claim, and there
is no need to take evidence. 	It is thus
ORDERED that the Debtor’s Objection to the Proof of Claim
Filed by OSHA (Dkt. No. 54, filed January 7, 2010) is OVERRRULED
without prejudice to filing an amended objection to claim stating
a valid basis of objection.
[Signed and dated above.]
Copies to: Debtor; Debtor’s Attorney; Chapter 13 Trustee;
U.S. Department of Labor-OSHA
1099 Winterston Road # 140
Linthicum, MS 21090-2218
Case 09-00772 Doc 89 Filed 02/19/10 Entered 02/19/10 09:08:00 Desc Main
Document Page 2 of 2