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Evidence of Value for 522f before TD
I have gotten this exact ruling in state court matters, many times. The
lesson I take from it was to put on whatever I have, regardless of how weak
it is, because you never know what the opposition does or does not have.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
The post was migrated from Yahoo.
I had a case with VZ once. My only evidence was a very good declaration from the debtor. The bank included no evidence of value (the issue was cash collateral). VZ said, "Well I'm supposed to weight the evidence. On one side I have no evidence and on the other I have evidence which is near worthless. The worthless evidence outweighs the no evidence."
>
> What about the Debtor's opinion if they research it with good facts on
> comparables? Believe it or not, I've gotten one through before with him
> I learned since I started this post, but he may have overlooked the
> quality of the evidence because of other problems.
>
>
>
> Of jonhayes6666
> Sent: Tuesday, March 19, 2013 10:36 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Re: Evidence of Value for 522f before TD
>
>
>
>
>
> A BPO is a waste of time in Donovan's courtroom.
>
> --- In cdcbaa@yahoogroups.com ,
> "Steven B. Lever" wrote:
> >
> > Does anyone know if Thomas Donovan requires an appraisal for the
> > property in a 522(f) motion or does he only require a broker's
> opinion?
> > Or does he even allow a Debtor's opinion if backed up with
> comparables?
> >
> >
> >
> > Steve
> >
> >
> >
> > Law Offices of Steven B. Lever
> >
> > >
> >
> > > Steven B. Lever
> >
> > >( Tel. (562) 436-5456 ext. 1
> >
> > >( Fax (562) 485-6886
> >
> > >* sblever@
> >
> > > www.leverlaw.com
> >
> > > ******************************************************
> >
> > > This Internet e-mail contains confidential information
> >
> > > which is intended only for the addressee and which may
> >
> > > be privileged under applicable law. Do not read, copy
> >
> > > or disseminate it if you are not the addressee. If you
> >
> > > have received this message in error, please notify the
> >
> > > sender immediately and delete it. Thank you.
> >
> > > ******************************************************
> >
>
The post was migrated from Yahoo.
What about the Debtor's opinion if they research it with good facts on
comparables? Believe it or not, I've gotten one through before with him
I learned since I started this post, but he may have overlooked the
quality of the evidence because of other problems.
The post was migrated from Yahoo.
A BPO is a waste of time in Donovan's courtroom.
>
> Does anyone know if Thomas Donovan requires an appraisal for the
> property in a 522(f) motion or does he only require a broker's opinion?
> Or does he even allow a Debtor's opinion if backed up with comparables?
>
>
>
> Steve
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@...
>
> > www.leverlaw.com
>
> > ******************************************************
>
> > This Internet e-mail contains confidential information
>
> > which is intended only for the addressee and which may
>
> > be privileged under applicable law. Do not read, copy
>
> > or disseminate it if you are not the addressee. If you
>
> > have received this message in error, please notify the
>
> > sender immediately and delete it. Thank you.
>
> > ******************************************************
>
The post was migrated from Yahoo.
Donovan has told me in open court he doesn't think much of BPOs.
>
> I don't know about Judge Donovan specifically, but Judge Zurzolo summarized in open court the basic rules of evidence for admissible evidence of value: either a broker's price opinion, authenticated by a declaration that sets forth the broker's qualification to form an opinion and the basis of the opinion; or the debtor's lay opinion, in a declaration establishing that the debtor is the owner of the property in question.
> This was in an uncontested matter; cross examination, weight, objections to foundation etc. make a contested matter different.
> CONFIDENTIAL COMMUNICATION
> ATTORNEY-CLIENT PRIVILEGE
>
> --
> JASON WALLACH, ESQ.
> Gladstone Michel Weisberg Willner & Sloane, ALC
> 4551 Glencoe Avenue, Suite 300
> Marina del Rey CA 90292-7925
> Tel: (310) 821-9000
> Direct: (310) 775-8725
> Fax: (310) 775-8775
> Email: jwallach@...
> www. gladstonemichel.com
>
> NOTE: The information contained in this email may contain attorney-client
> privileged and confidential information intended only for the use of the
> individual or entity named above. If the reader of this message is not
> the intended recipient, or the employee or agent responsible to deliver
> it to the intended recipient, you are hereby notified that any
> dissemination, distribution or copying of this communication is strictly
> prohibited. If you have received this communication in error, please
> notify us immediately by email and delete the original message.
>
> On Mar 15, 2013, at 1:52 PM, Steven B. Lever wrote:
>
> >
> > Does anyone know if Thomas Donovan requires an appraisal for the property in a 522(f) motion or does he only require a broker's opinion? Or does he even allow a Debtor's opinion if backed up with comparables?
> >
> >
> >
> > Steve
> >
> >
> >
> > Law Offices of Steven B. Lever
> >
> > >
> >
> > > Steven B. Lever
> >
> > >( Tel. (562) 436-5456 ext. 1
> >
> > >( Fax (562) 485-6886
> >
> > >* sblever@...
> >
> > > www.leverlaw.com
> >
> > > ******************************************************
> >
> > > This Internet e-mail contains confidential information
> >
> > > which is intended only for the addressee and which may
> >
> > > be privileged under applicable law. Do not read, copy
> >
> > > or disseminate it if you are not the addressee. If you
> >
> > > have received this message in error, please notify the
> >
> > > sender immediately and delete it. Thank you.
> >
> > > ******************************************************
> >
> >
> >
> >
> >
>
The post was migrated from Yahoo.
charsetndows-1252
I don't know about Judge Donovan specifically, but Judge Zurzolo summarized in open court the basic rules of evidence for admissible evidence of value: either a broker's price opinion, authenticated by a declaration that sets forth the broker's qualification to form an opinion and the basis of the opinion; or the debtor's lay opinion, in a declaration establishing that the debtor is the owner of the property in question.
This was in an uncontested matter; cross examination, weight, objections to foundation etc. make a contested matter different.
CONFIDENTIAL COMMUNICATION
ATTORNEY-CLIENT PRIVILEGE
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel: (310) 821-9000
Direct: (310) 775-8725
Fax: (310) 775-8775
Email: jwallach@gladstonemichel.com
www. gladstonemichel.com
NOTE: The information contained in this email may contain attorney-client
privileged and confidential information intended only for the use of the
individual or entity named above. If the reader of this message is not
the intended recipient, or the employee or agent responsible to deliver
it to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately by email and delete the original message.
On Mar 15, 2013, at 1:52 PM, Steven B. Lever wrote:
>
> Does anyone know if Thomas Donovan requires an appraisal for the property in a 522(f) motion or does he only require a brokers opinion? Or does he even allow a Debtors opinion if backed up with comparables?
>
>
>
> Steve
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@leverlaw.com
>
> > www.leverlaw.com
>
> > ******************************************************
>
> > This Internet e-mail contains confidential information
>
> > which is intended only for the addressee and which may
>
> > be privileged under applicable law. Do not read, copy
>
> > or disseminate it if you are not the addressee. If you
>
> > have received this message in error, please notify the
>
> > sender immediately and delete it. Thank you.
>
> > ******************************************************
>
>
>
>
>
charsetndows-1252
I don't know about Judge Donovan specifically, but Judge Zurzolo summarized in open court the basic rules of evidence for admissible evidence of value: either a broker's price opinion, authenticated by a declaration that sets forth the broker's qualification to form an opinion and the basis of the opinion; or the debtor's lay opinion, in a declaration establishing that the debtor is the owner of the property in question. This was in an uncontested matter; cross examination, weight, objections to foundation etc. make a contested matter different.
CONFIDENTIAL COMMUNICATIONATTORNEY-CLIENT PRIVILEGE-- JASON WALLACH, ESQ.Gladstone Michel Weisberg Willner & Sloane, ALC4551 Glencoe Avenue, Suite 300Marina del Rey CA 90292-7925Tel: (310) 821-9000Direct: (310) 775-8725Fax: (310) 775-8775Email: jwallach@gladstonemichel.comwww. gladstonemichel.comNOTE: The information contained in this email may contain attorney-clientprivileged and confidential information intended only for the use of theindividual or entity named above. If the reader of this message is notthe intended recipient, or the employee or agent responsible to deliverit to the intended recipient, you are hereby notified that anydissemination, distribution or copying of this communication is strictlyprohibited. If you have received this communication in error, pleasenotify us immediately by email and delete the original message.
On Mar 15, 2013, at 1:52 PM, Steven B. Lever wrote:
Does anyone know if Thomas Donovan requires an appraisal for the property in a 522(f) motion or does he only require a brokers opinion? Or does he even allow a Debtors opinion if backed up with comparables? Steve Law Offices of Steven B. Lever> > Steven B. Lever>( Tel. (562) 436-5456 ext. 1>( Fax (562) 485-6886>* sblever@leverlaw.com> www.leverlaw.com> ******************************************************
The post was migrated from Yahoo.
Does anyone know if Thomas Donovan requires an appraisal for the
property in a 522(f) motion or does he only require a broker's opinion?
Or does he even allow a Debtor's opinion if backed up with comparables?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
> ******************************************************
> This Internet e-mail contains confidential information
> which is intended only for the addressee and which may
> be privileged under applicable law. Do not read, copy
> or disseminate it if you are not the addressee. If you
> have received this message in error, please notify the
> sender immediately and delete it. Thank you.
> ******************************************************
The post was migrated from Yahoo.