Garner v. Shier (In Re Garner)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
In this exercise of sibling rivalry, the debtor, Carol Garner (“Garner”), appeals orders overruling her objections to two claims filed by her brother, appellee Mark Shier (“Shier”).
We conclude that the proofs of claim constituted prima facie evidence as to validity and amount and conclude that appellant did not rebut the evidentiary presumption despite having had an appropriate opportunity to do so. Accordingly, we AFFIRM.
Jurisdiction
Federal subject matter jurisdiction is founded upon 28 U.S.C. § 1384(b). An objection to claim is a core proceeding that a…
2Cases cited8 opinions
- In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
- Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Sierra Steel, Inc. v. Totten Tubes, Inc. (In Re Sierra Steel, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- In Re: Southern California Plastics, Inc., Debtor. Lawrence A. Diamant, Chapter 7 Trustee v. Vartan KasparianCourt of Appeals for the Ninth Circuit · 1999
- United States v. Levoy (In Re Levoy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
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