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.
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On Mar 15, 2013, at 1:52 PM, Steven B. Lever wrote:
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> 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?
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> Steve
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> Law Offices of Steven B. Lever
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> >
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> > Steven B. Lever
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> >( Tel. (562) 436-5456 ext. 1
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> >( Fax (562) 485-6886
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> >*
sblever@leverlaw.com
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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> ******************************************************
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