Chapter 7 debtor moved to redeem a 2006 Dodge Durango. The vehicle had been acquired through financing provided by Capital One Auto Finance, which objected to the debtor’s motion disagreeing over the value of the vehicle. The Bankruptcy Code provides in § 722 a right to individual debtors to redeem tangible personal property “intended primarily for personal, family, or household purposes” from a lien secured by such property. The Court concluded that the correct standard was the “replacement” value rather than the “liquidation” value, citing 11 U.S.C. § 506(a)(2); that debtor bears the burden of proving that the property is worth less than the amount owing to the creditor which is secured by a lien upon such property; that proper valuation date is the petition filing date rather than the hearing date upon a redemption motion; and that statements contained in the schedules of a bankruptcy debtor can constitute binding admissions of the factual matters set forth in such schedules. The Court allowed the debtor to redeem the vehicle at a value it determined based on the evidence presented.
File:
Judge:
Date:
Thursday, November 15, 2012
Category:
Redemption
Valuation
Chapter:
7