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|DO NOT PUBLISH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.
DONALD O. GRACE, No. 01-11078
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
Dated: November 8, 2001 ___________________________
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