1:09-bk-00414•Stephen Thomas Yelverton
Texte intégral
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re STEPHEN THOMAS YELVERTON, Debtor. ) ) ) ) ) Case No. 09-00414 (Chapter 11) MEMORANDUM DECISION AND ORDER RE OBJECTION TO THE PROOF OF CLAIM OF WADE H. ATKINSON, JR. On May 14, 2009, the debtor commenced the above-captioned case under chapter 11 of the Bankruptcy Code. Thereafter, Wade H. Atkinson, Jr., filed a proof of claim in the amount of $528,434.94, stemming from a promissory note dated November 1, 2007. The debtor timely objected to the proof of claim. At hearings on the objection on February 24, 2010, and March 24, 2010, I allowed the claim, as unsecured, in the principal amount of $313,900, leaving open the issue of the amount of interest allowed on the claim and directing the debtor to submit a calculation of interest. On April 5, 2010, the debtor submitted the following calculations of interest owed on the principal of the claim: – $9,750 interest on $50,000, advanced on or about The document below is hereby signed. Signed: May 21, 2010. _____________________________ S. Martin Teel, Jr. United States Bankruptcy Judge Case 09-00414 Doc 275 Filed 05/25/10 Entered 05/25/10 12:23:04 Desc Main Document Page 1 of 3
October 1, 2007, at 1% interest per month for 19 and one-half months; – $500 interest on $100,000, advanced on or about November 1, 2007, at 1% interest per month for one-half a month; – $27,750 interest on $150,000, advanced on or about November 1, 2007, at 1% interest per month for 18 and one-half months; – $16,500 interest on $100,000, advanced on or about January 1, 2008, at 1% interest per month for 16 and one-half months; and – $1,877 interest on $13,900, advanced on or about April 1, 2008, at 1% interest per month for 13 and one-half months. Taking the sum of these amounts, the total interest due on the principal of the claim is $56,377, an amount which Atkinson agrees is accurate. In the document on which the debtor submitted his calculations, however, the debtor instead listed the total interest due as $28,189, stating that this number is appropriate because “the Debtor will seek a Discharge of one-half of the total interest due.” While the debtor is entitled to seek to discharge half of the interest claim through his plan, he will not be entitled to a discharge until he completes the plan. § 1141(d)(5). Accordingly, decreasing the interest claim by half 2 Case 09-00414 Doc 275 Filed 05/25/10 Entered 05/25/10 12:23:04 Desc Main Document Page 2 of 3
at this time is premature. It is thus ORDERED that the proof of claim of Wade H. Atkinson is allowed as an unsecured claim in the amount of $370,277, representing $313,900 in principal and $56,377 in interest. [Signed and dated above.] Copies to: Debtor; Wade H. Atkinson, Jr.; Office of the United States Trustee. 3 O:\TEEL\Garrett\Decisions\YelvertonAtkinsonPOC.wpd Case 09-00414 Doc 275 Filed 05/25/10 Entered 05/25/10 12:23:04 Desc Main Document Page 3 of 3
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