Robert Elliot Miller and Elizabeth Pace Miller

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	Case No. 05-17945PM
Robert Elliot Miller and Elizabeth Pace Miller,
Chapter 7
Debtors.
MEMORANDUM OF DECISION
Before the court are two Objection to Claims filed by the debtors to Claims No. 11 and No.
21 as duplicative of Claims No. 29 and No. 24, respectively. While it is true that a debtor has
standing to file objections to claim in a solvent case, Willemain v. Kivitz (In re Willemain), 764
F.2d 1019 (CA4 1985), debtor, Robert Elliot Miller, acknowledged on the record that the estate was
insolvent. Nonetheless, for the benefit of the Chapter 7 Trustee, the court will issue this
Memorandum of Decision.
Under the version of F.R.B.P. Rule 3004 in effect at the time of the filing of this bankruptcy
case under chapter 7, a proof of claim filed by the creditor pursuant to F.R.B.P. Rule 3002
supercedes the proof of claim filed by the Trustee. Claim No. 29, filed by creditor Corey E.
Hoffman was filed after the Trustee filed Claim No. 11 on his behalf. Therefore, no objection is
necessary.
As to the second alleged duplicate claim, the Trustee filed two claims on behalf of Citibank
-- one claim (No. 21) in the sum of $6,749.82 and a second claim (No. 24) in the sum of $7,525.85.
Both claims are based upon the debtors' schedules. Debtors urge that Claim No. 21 is subsumed in
Claim No. 24 and that the Trustee was mislead by debtors' schedules. This may well be the case as
the last four digits of the account number appear the same for the two entries on debtors' Schedule
F. This is a matter for the Trustee to investigate.
An appropriate order will be entered.
Date signed June 13, 2006
Entered: June 14, 2006 Case 05-17945 Doc 107 Filed 06/14/06 Page 1 of 2

cc: 	Robert Elliot Miller
10105 Blue Tee Terrace
Gaithersburg, MD 20886
Elizabeth Pace Miller
10105 Blue Tee Terrace
Gaithersburg, MD 20886
Janet M. Nesse
Stinson Morrison Hecker, LLP
1150 18th Street, N.W.
Suite 800
Washington, DC 20036
Carrie L. McGuire
1150 18th St., N.W., Ste. 800
Washington, DC 20036
End of Memorandum Decision
Case 05-17945 Doc 107 Filed 06/14/06 Page 2 of 2