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Not for Publication in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 18 ON
CLAIMS REGISTER, FILED BY WELLS FARGO BANK, N.A. FOR $6,948.42
The debtor has objected to the proof of claim, assigned
number 18 on the claims register, for $6,948.42 filed by Wells
Fargo Bank, N.A. (account ending in 3767). 	Wells Fargo has not
responded.
The attachment to the proof of claim indicates "Davenport,
Stuart M 'Big Bear Cafe.'" 	Contrary to the debtor's memorandum
in support of the objection to claim, this attachment does not
state "that the business is the entity responsible for the amount
owed." 	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.
The document below is hereby signed.
Signed: February 18, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00772 Doc 91 Filed 02/19/10 Entered 02/19/10 09:10:53 Desc Main
Document Page 1 of 2

1 	Even if he had done that, the burden would still remain
for him to produce evidence rebutting 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 (Davenport).wpd
Fed. R. Bankr. P. 3001(f). 	The debtor's pleading burden is
affirmatively to state 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 Wells Fargo Bank (Dkt. No. 48) 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
BDD-Bankruptcy Department
MAC S4101-08C
100 W. Washington Street
Phoenix, AZ 85003
Case 09-00772 Doc 91 Filed 02/19/10 Entered 02/19/10 09:10:53 Desc Main
Document Page 2 of 2