Christopher S. Heilmann and Angela Heilmann

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
CHRISTOPHER and ANGELA HEILMANN, 	No. 09-13238
Debtor(s).
______________________________________/
Memorandum on Motion to Avoid Lien
_________________
After review of the appraisal testimony, the court finds that the value of the subject property at
7782 Foppiano Way, Windsor, California, is approximately $400,000.00 in its current condition. This
is far below the amount owing on the senior lien on the property. There is therefore no value in the
property to secure the second deed of trust held by creditor Michael Hoesly, and his lien is accordingly
avoidable in Chapter 13 proceedings pursuant to In re Zimmer, 313 F.3d 1220 (9th Cir. 2002).
For the foregoing reasons, the motion of the debtors to value the Hoesly lien at zero will be
granted and they shall have relief as prayed. Counsel for the debtors shall submit an appropriate form
of order.
Dated: May 17, 2010
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
May 17, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-13238 Doc# 30 Filed: 05/17/10 Entered: 05/17/10 13:33:31 Page 1 of 1