The Rock Creek International School

1:07-bk-00272Dcb2 sept. 2008

Texte intégral

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
THE ROCK CREEK INTERNATIONAL
SCHOOL,
Debtor.
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Case No. 07-00272
(Chapter 11)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DIRECTING DEBTOR
TO SUPPLEMENT OBJECTION TO CLAIM OF FLEXAMERICA, INC.
The debtor, Rock Creek International School, has filed an
objection to the claim of Flexamerica, Inc. (“Claimant”). 	The
debtor has neglected to attach evidence in admissible form
(having attached an payables account ledger purportedly showing a
check issued postpetition to the Claimant, but no affidavit
authenticating the ledger or verifying that payment cleared).
The debtor has thus not rebutted the prima facie validity of the
scheduled claim. 	See Fed. R. Bankr. P. 3003(b). 	Beyond that,
however, allowance is tested as of the petition date (see 11
U.S.C. § 502(b)), and as the alleged payment was postpetition the
debtor could simply treat the claim as paid to that extent
instead of attempting to obtain a disallowance of the claim.
Moreover, the confirmed plan provided in paragraph 5.02 that:
The Memorandum Decision and Order below is hereby
signed. Dated: September 2, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-00272 Doc 220 Filed 09/02/08 Entered 09/02/08 15:33:28 Desc Main
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Treatment of Class 2 (General Unsecured Class).
Allowed Unsecured Claims in Class 2 shall be paid in
full, with post-petition interest, by the Debtor within
thirty days after the Effective Date.
The debtor does not allege that the Claimant has been paid post-
petition interest. 	It is thus
ORDERED that by September 25, 2008, the debtor shall file
evidence demonstrating error in the scheduled claim of
Flexamerica, Inc. to rebut the prima facie validity of that claim
as of the petition date, if such rebuttal evidence is available,
and if no such supplementation is filed, the claim will be
allowed as of the petition date, without prejudice to the
debtor’s position that it paid $260.00 of the claim postpetition.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Office of United States
Trustee; Patrick J. Potter, and:
Flexamerica, Inc.
6500 Rock Spring Dr., Ste. 105
Bethesda, MD 20817
Bill Arnold
Marcher Consultants, Inc
8230 Leesburg Pike, Suite 610
Vienna, VA 22182
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