IN RE GARNER

BAP Nos. CC-99-1432-KBMa, CC-99-1540-KBMa, Bankruptcy No. SA 98-19445 LR.

246 B.R. 617 (2000)

In re Carol Faye GARNER, Debtor. Carol Faye Garner, Appellant, v. Mark Shier, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 22, 2000.


Attorney(s) appearing for the Case

L. Eugene Hallsted, Fountain Valley, CA, for Carol Faye Garner, appellant.

W. Rod Stern, Irvine, CA, for Mark Shier, appellee.

Before KLEIN, BRANDT, and MARLAR, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

In this exercise of sibling rivalry, the debtor, Carol Garner ("Garner"), appeals orders overruling her objections to two claims filed by her brother, appellee Mark Shier ("Shier").

We conclude that the proofs of claim constituted prima facie evidence as to validity and amount and conclude that appellant did not rebut the evidentiary presumption despite having had an appropriate opportunity to do so. Accordingly,...

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