Jones

Jones v. Burdette

Good Law
321 F. App'x 599
United States Court of Appeals for the Ninth CircuitApril 3, 2009No. 07-35149California358 words

Opinion

Lead Opinion

MEMORANDUM **

Judy Jones appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) de- *600 cisión affirming the bankruptcy court’s determination that debtors Theodore and Donna Prince were insolvent at the time they transferred $7,500 to Jones, and, thus, the transfer was an avoidable preference. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review the decision of the BAP de novo, the bankruptcy court’s factual findings for clear error, and the bankruptcy court’s ruling on a motion for reconsideration for an abuse of discretion. Arrow Elecs., Inc. v. Justus (In re Kaypro), 218 F.3d 1070, 1073 (9th Cir.2000). We affirm.

The bankruptcy court did not clearly err by relying on the bankruptcy schedules, rather than Mr. Prince’s testimony, to determine the value of the Princes’ personal property. See Rifino v. United States (In re Rifino), 245 F.3d 1083, 1086 (9th Cir.2001) (“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.”) (internal quotation marks omitted). Because the Princes’ liabilities were greater than the value of the Princes’ home and personal property at the time of the transfer, the…

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