Reggiardo

Reggiardo v. Prischmann

Good Law
81 F. App'x 139
United States Court of Appeals for the Ninth CircuitNovember 12, 2003No. 02-16059; BAP No. NC-01-01268-MaRyPCalifornia588 words

Opinion

Lead Opinion

MEMORANDUM **

Thomas Reggiardo appeals a bankruptcy decision avoiding certain hens, in whole and in part, secured by debtor Lenore Prischmann’s home. Prischmann *140 was granted a homestead exemption of $125,000 on the value of her home and subsequently moved to avoid various judicial liens to preserve this exemption. See 11 U.S.C. §§ 522 (b)(1) and (f); Cal. Civ. P. § 704.730 (2002). Reggiardo challenges the bankruptcy court’s valuation of the home as well as its decision to sua sponte reverse its grant of the motion with respect to defaulting parties. The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the bankruptcy court. We affirm the decision of the BAP.

We are bound by the factual determinations of the bankruptcy court, including its valuation of assets, unless we are left with the “definite and firm conviction that a mistake has been committed.” In re Jan Weilert, RV, Inc., 315 F.2d 1192 , 1196 (9th Cir.2003); In re Arnold and Baker Farms, 85 F.3d 1415, 1422 (9th Cir.1996). There is sufficient support for the court’s valuation in the record. The appraisals before the court valued the property at $400,000, $425,000, $530,000, and…

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