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Not for Publication in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, ASSIGNED NUMBER 6 ON
CLAIMS REGISTER, FILED BY WELLS FARGO BANK, N.A. FOR $10,205.61
The debtor has objected to the proof of claim, assigned
number 6 on the claims register, for $10,205.61 filed by Wells
Fargo Bank, N.A. (account ending in 9112). 	Wells Fargo has not
responded.
The attachment to the proof of claim indicates:
DAVENPORT, STUART M
DAVENPORT DESIGN
Contrary to the debtor’s memorandum in support of the objection
to claim, this attachment does not show "that the business is the
entity responsible for the amount owed." 	Moreover, the
indication on the attachment that it is a "VISA BUSINESS CARD"
does not demonstrate that only Davenport Design is liable for the
The document below is hereby signed.
Signed: February 26, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00772 Doc 100 Filed 03/01/10 Entered 03/01/10 09:22:39 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 WellsFargo(Davenport).wpd
debt on the card. 	The debtor does not assert that he is not
personally liable on the debt, and instead argues that "absent
proof of his personal responsibility, Claimant’s claim should be
denied in the instant case." 	But 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 thus
there is no reason to take evidence. 	It is accordingly
ORDERED that the Debtor’s Objection to the Proof of Claim
Filed by Wells Fargo (Dkt. No. 50, 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;
Wells Fargo Bank
MAC S4101-08C
100 W. Washington Street
Phoenix, AZ 85003
Case 09-00772 Doc 100 Filed 03/01/10 Entered 03/01/10 09:22:39 Desc Main
Document Page 2 of 2