Hunsdon Stewart v. Roya Batmanghelich

Good Law
373 F. App'x 682
United States Court of Appeals for the Ninth CircuitApril 1, 201008-60012California158 words

Opinion

MEMORANDUM

Chapter 13 debtor Hunsdon Cary Stewart appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) order affirming the bankruptcy court’s decision denying Stewart’s objection to a proof of claim filed by his former wile, Roya Batmanghelich. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review independently the bankruptcy court’s rulings on appeal from the BAP. Diamant v. Rasparian (In re S. Cal. Plastics, Inc.), 165 F.3cl 1243, 1245 (9th Cir.1999). We affirm.

The bankruptcy court did not err when it denied Stewart’s objections to Bat-manghelich’s proof of claim because Stewart failed to come forward with evidence that rebutted the proof of claim’s prima facie validity. See id. at 1248 (stating that “debtor must come forward with evidence to rebut the presumption of validity” of a proof of claim).

Stewart’s remaining contentions are unpersuasive.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.