Oyama

Oyama v. Sheehan

Good Law
32 F. App'x 909
United States Court of Appeals for the Ninth CircuitMarch 27, 2002No. 00-57094; BAP NO. CC 00-1132-KMaB, Case No. SA 97-22015 LR, Adv. No. SA 97-2210 LRCalifornia283 words

Opinion

Lead Opinion

MEMORANDUM ***

Yoji Oyama (“Oyama”) appeals the disallowance of his claim against the bankruptcy estate of debtors Michael and Wilhelmina Sheehan (the “Sheehans”).

As both the bankruptcy court and the Bankruptcy Appellate Panel properly concluded, the evidence presented by the Sheehans and the trustee was sufficient to rebut the presumption of claim validity. Because the presumption of validity had been rebutted and Oyama failed to respond with admissible evidence, the claim was properly disallowed. See In re Consol. Pioneer Mortgage, 178 B.R. 222, 226 (9th Cir.BAP 1995). Oyama has failed to show that the bankruptcy court’s exclusion of the evidence he offered justifies reversal. First, the bankruptcy judge’s ruling was not an abuse of discretion. Second, even if the ruling were incorrect, Oyama can show no prejudice because the bankruptcy judge reviewed all of the excluded evidence and concluded that it was insufficient,- even if admitted, to establish claim validity. See Defenders of Wildlife v. Bernal, 204 F.3d 920, 927-28 (9th Cir. 2000).

Furthermore, Oyama can maintain no claim against the Sheehan bankruptcy estate based upon the California Automotive Repair Act (“CARA”),…

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