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Kimberly A. Taylor, VSB #29823 

James D. Kepley, Jr., VSB #30603 

KEPLEY BROSCIOUS & BIGGS, PLC 

2211 Pump Road 

Henrico, VA 23233 

(804) 741-0400 x1 

jkepley@kbbplc.com 

COUNSEL FOR AMERCO REAL ESTATE COMPANY 

IN THE UNITED STATES BANKRUPTCY COURT 

 FOR THE EASTERN DISTRICT OF VIRGINIA 

 Richmond Division 

In re ) 

 ) 

RETAIL GROUP, INC., et al., ) Case No. 20-33113-KHR

 ) Chapter 11 

 Debtors. ) Jointly Administered 

 ) 

AMERCO REAL ESTATE COMPANY’S 

RESPONSE TO DEBTORS’ FOURTEENTH 

OMNIBUS OBJECTION TO CLAIMS 

Amerco Real Restate Company, a Nevada corporation (“AREC”), by 

counsel, states the following in response to the Debtors’ Fourteenth Omnibus 

Objection to Claims [Docket No. 1477]: 

1. AREC filed a proof of claim in this case [Claim No. 4566] for leaserelated amounts due it totaling $87,878.20, including post-petition rent due of 

$3,951.61 entitled to an administrative expense priority (such portion to be 

referred to as the “AREC Priority Rent Claim”). 

2. AREC’s proof of claim included a copy of the lease upon which the 

claim is based and a calculation of the claim amount, thereby constituting 

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prima facie evidence of the validity and amount of AREC’s claim (including the 

AREC Priority Rent Claim) under Rule 3001(f). 

3. The Debtors have objected to and are seeking to disallow the AREC 

Priority Rent Claim (and similar claims of over 300 other creditors in this case) 

by declaring that it was somehow “satisfied during these chapter 11 cases” 

without explaining what that means. The Debtors did not provide any evidence 

of how the post-petition rent due AREC was satisfied. The obvious way to 

“satisfy” this claim would have been to pay it, and the Debtors did not allege 

payment. The Debtors did not (and could not) allege a waiver of the claim 

because there has been no such waiver. 

4. As reflected in AREC’s proof of claim, AREC has no record of 

having received payment of the $3,951.61 in post-petition rent due it. 

5. The Debtors cannot overcome the prima facie evidentiary value of 

AREC’s proof of claim by attaching a declaration that merely recites a legal 

conclusion, namely, that a post-petition obligation owed AREC was somehow 

satisfied. Neither the declaration nor the objection contains evidence of facts 

which—if true—could establish satisfaction of AREC’s claim. 

6. If the Debtors provide evidence that they, in fact, paid the AREC 

Priority Rent Claim amount, AREC would withdraw this response. 

WHEREFORE, AREC respectfully requests that the Court deny the 

objection as it pertains to the AREC Priority Rent Claim, enter an order 

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allowing the AREC Priority Rent Claim in its entirety, and grant such further 

relief as the Court deems appropriate. 

Date: February 4, 2021 Respectfully submitted, 

 

 AMERCO REAL ESTATE COMPANY 

/s/James D. Kepley, Jr. 

 By___________________________________ 

 Counsel 

James D. Kepley, Jr., VSB #30603 

Kimberly A. Taylor, VSB #29823 

KEPLEY BROSCIOUS & BIGGS, PLC 

2211 Pump Road 

Henrico, VA 23233 

(804) 741-0400 x1 

jkepley@kbbplc.com 

COUNSEL FOR AMERCO REAL ESTATE COMPANY 

CERTIFICATE OF SERVICE

I hereby certify that on February 4, 2021, the foregoing Response will be 

filed using the Court’s ECF System which causes electronic notification of filing 

to be served on all registered users of the ECF System that have requested 

such notification in this bankruptcy proceeding, including the Debtors’ counsel 

and the United States Trustee. 

/s/ James D. Kepley, Jr.

__________________________________ 

James D. Kepley, Jr. 

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