General Motors Acceptance Corp. v. Valenti (In re Valenti)

105 F.3d 55
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 15, 1997
DocketNo. 1422, Docket 95-5079
StatusPublished
Cited by13 cases

This text of 105 F.3d 55 (General Motors Acceptance Corp. v. Valenti (In re Valenti)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
General Motors Acceptance Corp. v. Valenti (In re Valenti), 105 F.3d 55 (2d Cir. 1997).

Opinion

PARKER, Circuit Judge:

Appellant General Motors Acceptance Corporation (“GMAC”) appeals from the judgment of the United States District Court for the Northern District of New York (Con. G. Cholalds, Judge), which upheld the bankruptcy court’s confirmation of the Chapter 13 reorganization plan of debtors-appellees Ralph and Mary Valenti. There are two issues on appeal: (1) whether the district court erred when it upheld the valuation of the Valentis’ automobile under 11 U.S.C. § 506(a) based upon the average of the wholesale and retail values of the car; and (2) whether the district court erred when it determined that the present value of GMAC’s claim under . 11 U.S.C. § 1325(a)(5)(B)(ii) was properly based upon the market rate of interest GMAC paid for the funds it borrowed at the time of confirmation of the Valentis’ reorganization plan. We affirm the district court on the issue of valuation. With respect to the applicable interest rate, we vacate the district court’s holding and remand for a recalculation of that rate based, upon the treasury rate plus an additional risk premium.

I. BACKGROUND

In April 1993, the Valentis purchased a 1990 Pontiac Bonneville. To purchase the car, the Valentis borrowed money from GMAC. GMAC secured the loan by retaining a lien on the car. In December 1994, the Valentis filed for bankruptcy under Chapter 13 of the Bankruptcy Code.

Chapter 13 gives individual debtors an alternative to total liquidation (which occurs under Chapter 7). Chapter 13 bankruptcy, which is only available to debtors with income, effects a reorganization of the debtor’s debts and establishes a plan of repayment to creditors, giving the debtor a fresh start at the end.

Chapter 13 removes the secured creditor’s right to repossess and foreclose on its security interest. Instead, Chapter 13 gives the debtor the option of either surrendering the property to the secured creditor, or maintaining possession of the property. See 11 U.S.C. § 1325(a)(5)(B)-(C). When the debt- or opts to maintain possession of the collateral, the creditor keeps its security interest in the collateral. In addition, the debtor’s reorganization plan must provide for payments to the creditor totalling no less than the present value of the creditor’s allowed claim. See 11 U.S.C. § 1325(a)(5)(B). Where, as here, the reorganization plan is confirmed over the creditor’s objections, the plan is colloquially referred to as a “cramdown.”

The Valentis opted to keep their car. The bankruptcy court valued the car at $6700, the average of the wholesale and retail values of the car. In so valuing the car, the bankruptcy court followed Northern District of New York Local Bankruptcy Rule 312(b) (“Local Rule 312(b)”), which states in relevant part:

Unless otherwise determined by the court, valuation of motor vehicles shall be the average of trade-in and retail values, including options and mileage, as contained in the Eastern Edition of the N.A.D.A. Official Used Car Guide for the month the debtor’s petition was filed.

The bankruptcy court also identified an interest rate of nine percent to compensate GMAC for the fact that it would be receiving the value of its claim over a period of: time.

GMAC raised two objections to the Valen-tis’ reorganization plan. First, GMAC argued that the car should have been valued at its retail price, which the parties agreed was [59]*59$7850. Second, GMAC objected to the nine percent interest rate. According to GMAC, the correct interest rate was 15.7%, which was the rate that GMAC charged at the time of the plan’s confirmation to consumers in the Valentis’ geographic area.

The bankruptcy court rejected GMAC’s objections. GMAC appealed to the district court, which affirmed the bankruptcy court on both issues. General Motors Acceptance Corp. v. Valenti 191 B.R. 521 (N.D.N.Y.1995) (Cholakis, J.). With respect to valuation, the district court found no error in the bankruptcy court’s valuation of the car based on the average of its wholesale and retail prices. Rather, the district court found that use of this formula resulted in a value that “is within the range that can' be ‘determined in light of the purposes of the valuation and of the proposed disposition or use of such property.’” Id. at 522 (quoting 11 U.S.C. § 506(a)). As for the interest rate, the court held that the appropriate interest rate is the rate that GMAC pays for the funds it borrows, rather than the rate that it charges its own borrowers. Because it did not appear that the nine percent interest rate set by the bankruptcy court was beyond the range of what it might cost GMAC to borrow funds at the time of the confirmation of the Valentis’ reorganization plan, the district court affirmed on that issue. Id.

GMAC brought this appeal.

II. DISCUSSION

1. Standard of Review

The question before us being one of statutory interpretation, the standard of review is de novo. Bellamy v. Federal Home Loan Mortgage Corp. (In re Bellamy), 962 F.2d 176, 178 (2d Cir.1992).

2. Relevant Code Provisions

Section 1325(a)(5)(B)-(C) of title 11 of the United States Code provides the circumstances under which a bankruptcy court may confirm a Chapter 13 debtor’s reorganization plan. According to this statute:

(a) ... the court shall confirm a plan if—
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(5) with respect to each allowed secured claim provided for by the plan—
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(B)(i) the plan provides that the holder of such claim retain the lien securing such claim; and
(ii) the value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of such claim; or
(C) the debtor surrenders the property securing such claim to such holder....

11 U.S.C. § 1325(a)(5). Thus, before a plan is confirmed, § 1325(a)(5)(B)-(C) requires one of two things to occur: either the creditor retains the lien on the collateral, and the plan provides for payments to the creditor that will compensate the creditor for the full value of the allowed secured claim, or the debtor gives up possession of the property securing the creditor’s allowed claim.

If the debtor chooses to maintain possession of the secured collateral, as § 1325(a)(5)(B)(i)-(ii) allows the debtor to do, then the debtor must compensate the creditor for the full value of the allowed secured claim. To determine the value of the creditor’s allowed secured claim, we turn to 11 U.S.C. § 506(a). Section 506(a) provides:

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105 F.3d 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-motors-acceptance-corp-v-valenti-in-re-valenti-ca2-1997.