When the judge’s response to a dispute about a vehicle’s value is to hold an evidentiary hearing, you’re on stage.
Do you feel like the deer in headlights ? What evidence is available? Admissible? How to get it in?
The newest judge in San Jose has just written an opinion that can serve as GPS to get you where you want to be, along with some commentary on what he would have liked to know, but neither attorney offered.
The opinion deals with
- Expert appraiser
- Kelly Blue Book
- Debtor’s testimony
Judge Johnson’s memorandum in Penny, 10-55073 (ND CA 2011) is attached. Happy touring.
This is great, but I’m surprised that the court did not discuss Kelley Blue Book “private party” value, which my understanding was more respected than the Kelley Blue Book “retail value.”