Memorandum of Decision Re: Duck Prints

NORTHERN DISTRICT OF CALIFORNIA
DO NOT PUBLISH This case disposition has no value as precedent and is not intended for publication. Any publication, either in print or electronically, is contrary to the intent and wishes of the court.
In re DONALD O. GRACE,                                      No. 01-11078      Debtor(s). ______________________________________/
Memorandum re Duck Prints
     The debtor has a collection of decorative duck prints and stamps which he values at $8,000.00. He is probably wrong by a factor of ten, as a quick check of e-bay shows that his items are readily available and sell for much less than the debtor's estimated values. (1) The debtor has exempted the collection under California Code Of Civil Procedure § 704.020. The trustee and a creditor object.      Under California law, collectible items used as decoration in a home are considered to be analogous to paintings and are accordingly exempt as household goods unless they are extraordinarily valuable. In re Lucas, 77 B.R. 242, 246 (9th Cir.BAP 1987). Even at the values set forth by the debtor, the objecting parties have not met their burden under FRBP 4003(c) by showing extraordinary value. Accordingly, their objections will be overruled. Counsel for the debtor shall submit an appropriate form of order.
Dated: November 8, 2001                                      ___________________________                                                                             Alan Jaroslovsky                                                                             U.S. Bankruptcy Judge

1. For instance, a 1984 Oregon stamp and print valued by the debtor at $400.00 sold at auction last month for $49.00. A 1986 Montana stamp and print valued by the debtor at $400.00 failed to sell at $39.00. See Exhibit "A" att