Legal Opinion

Garner v. Shier (In Re Garner)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 22, 2000No. BAP Nos. CC-99-1432-KBMa, CC-99-1540-KBMa, Bankruptcy No. SA 98-19445 LRPublishedCited by 68 opinions

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

  1. In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
  2. Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. Sierra Steel, Inc. v. Totten Tubes, Inc. (In Re Sierra Steel, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  4. In Re: Southern California Plastics, Inc., Debtor. Lawrence A. Diamant, Chapter 7 Trustee v. Vartan KasparianCourt of Appeals for the Ninth Circuit · 1999
  5. United States v. Levoy (In Re Levoy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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3Cited by68 opinions

  1. Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. In Re CluffUnited States Bankruptcy Court, D. Utah · 2004
  4. Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. Miller v. Cardinale (In Re Deville)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002

63 more not listed; retrieve them via the Exa API.

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