Segovia

Segovia v. Bach Construction (In re Segovia)

Good Law
346 F. App'x 156
United States Court of Appeals for the Ninth CircuitSeptember 14, 2009No. 08-60047California430 words

Opinion

Lead Opinion

MEMORANDUM **

Victor Segovia (“Victor”) appeals a decision of the Bankruptcy Appellate Panel that affirmed a bankruptcy court’s (1) reduction of Victor’s claim against the estate of his sister Maria Segovia (“Maria”) and (2) rejection of Victor’s objections to the claim of creditor Bach Construction, Inc. (“BCI”). We have jurisdiction under 28 U.S.C. § 158 (d). We affirm.

The facts of the case are known to the parties, and we do not repeat them here.

Victor argues that the bankruptcy court erred in reducing his $726,000 claim *158 under 11 U.S.C. § 502 (b)(4). The bankruptcy court correctly concluded that “reasonable value” under § 502(b)(4) means more than merely “enforceable under the law governing enforcement of the [Fee Agreement].” See Joseph F. Sanson Inv. Co. v. 268 Ltd. (In re 268 Ltd.), 789 F.2d 674 , 676-77 (9th Cir.1986) (interpreting “reasonable” under § 506(b)); see also Cohen v. de la Cruz, 523 U.S. 213, 220 , 118 S.Ct. 1212 , 140 L.Ed.2d 341 (1998) (utilizing “the presumption that equivalent words have equivalent meaning when repeated in the same statute”). The bankruptcy court did not clearly err in finding that $50,000 was the reasonable value of Victor’s…

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