In Re Knight

254 B.R. 227, 2000 Bankr. LEXIS 1237, 2000 WL 1585074
CourtUnited States Bankruptcy Court, C.D. Illinois
DecidedOctober 12, 2000
Docket19-80206
StatusPublished
Cited by5 cases

This text of 254 B.R. 227 (In Re Knight) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Knight, 254 B.R. 227, 2000 Bankr. LEXIS 1237, 2000 WL 1585074 (Ill. 2000).

Opinion

OPINION

GERALD D. FINES, Bankruptcy Judge.

These matters having come before the Court for confirmation of Chapter 13 Plans; Objections to Confirmation of Chapter 13 Plans filed by Creditors, Mar-ketview Motors, Inc. and Heights Finance Corporation; and motions to lift stay filed by both Creditors, Marketview Motors, Inc. and Heights Finance Corporation; the Court, having heard sworn testimony and arguments of counsel and being otherwise fully advised in the premises, makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure.

These matters were consolidated for the purpose of trial on the objections to confirmation and motions to lift stay in that the issues involved in the subject objections and motions were the same in each case. Those issues are the valuations of vehicles pledged as collateral for loans to the Creditors and the appropriate interest rate to be paid to the Creditors through the Debtors’ proposed Chapter 13 Plans.

The method for valuation of motor vehicles had been resolved by the Supreme Court in the case of Associates Commercial Corp. v. Rash, 520 U.S. 953, 117 S.Ct. 1879, 138 L.Ed.2d 148 (1997). There is no question that valuation of motor vehicles for the purposes of 11 U.S.C. § 1325(a)(5)(B) is now governed by Rash. In Rash, the Supreme Court held that “replacement value” must be implied in order to give full meaning to 11 U.S.C. § 506(a). In ruling in Rash, the Supreme Court rejected the Seventh Circuit’s approach to valuation at the midpoint between foreclosure value and replacement value as set forth in The Matter of Hoskins, 102 F.3d 311, at 316 (7th Cir.1996). Since Rash was rendered, it has been consistently held that replacement value is the price which a willing buyer agrees to pay a willing seller. Since the Opinion was rendered in the Rash case, most Courts have held that the starting point for valuation of automobiles would be the retail value as defined by the National Automobile Dealers’ Association Guide (NADA). See: In re Russell, 211 B.R. 12 (Bankr.E.D.N.C.1997); and In re Roberts, 210 B.R. 325 (Bankr.N.D.Iowa 1997). The Bankruptcy Courts in Illinois and in the Seventh Circuit have, in general, followed the “replacement value” standard as enunciated in Rash, and that will be the standard which this Court will also follow. See: In re Jones, 219 B.R. 506 (Bankr.N.D.Ill.1998).

In the Keyhea case, the vehicle involved is a 1987 Cadillac Brougham. In her *229 Chapter 13 Plan and in her Amended Chapter 13 Plan, filed October 5, 2000, the Debtor has valued the 1987 Cadillac Brougham at the sum of $4,000. In reviewing the credible evidence adduced at trial on September 18, 2000, the Court finds that the $4,000 value placed upon the vehicle by the Debtor is an appropriate value. The objecting Creditor suggested that the value should be the same as the purchase price; however, this testimony was not supported by any documentation as was the Debtor’s estimate of value.

In the Knight case, there are two vehicles involved: a 1992 Chevrolet Lumina APV, pledged as collateral for a loan from Creditor, Heights Finance Corporation; and a 1989 Pontiac Grand Am, pledged as collateral to Marketview Motors, Inc. As for the value of the 1992 Chevrolet Lumina APV, the Court finds that the credible evidence adduced at trial shows that the subject vehicle has a value in excess of the current loan balance due to Heights Finance Corporation. As such, the amount of the secured claim of Heights Finance Corporation shall be in the amount of $2,503.93, as stated on the Proof of Claim filed by Heights Finance Corporation on June 20, 2000. As for the value of the 1989 Pontiac Grand Am, Creditor, Market-view Motors, Inc., seems to suggest in its Petition for Relief from Stay that this vehicle should have a value of no less than $6,000. The only testimony relevant to the value of the 1989 Pontiac Grand Am offered by Creditor, Marketview Motors, Inc., was that, if it was to have the vehicle returned to it, it could place it on the lot and sell it for a sum of no less than $6,000. The evidence as to the 1989 Pontiac Grand Am clearly suggests that the vehicle is not worth the sum of $6,000 as proposed by the Creditor given serious mechanical problems that developed with the vehicle within two months after it was purchased in the Fall of 1999. In reviewing the credible evidence presented at trial, the Court must conclude that the 1989 Pontiac Grand Am has a retail value of $2,950, based upon its age, mechanical condition, and mileage.

Having determined the valuation of the three vehicles involved in these proceedings, the Court now turns to the question of the appropriate interest rate to be paid on the secured claim of the Creditors. In their Plans, the Debtors propose to pay interest at the rate of 8% on each of the loans involved, both with Marketview Motors, Inc. and Heights Finance Corporation, while the Creditors claim that the appropriate rate of interest should be the market rate of interest, which Creditors argue, in these cases, should be the contract rate of interest.

In considering the appropriate rate of interest to be used, the Court finds that, pursuant to 11 U.S.C. § 1325(a)(5)(B)(ii), Debtors proposed payments to the Creditors must have a present value of that amount. Under this provision of the Bankruptcy Code, a creditor’s interest in the property is what is to be protected and not the creditor’s interest in the profit it had hoped to make on the loan. See: In re Hudock, 124 B.R. 532 (Bankr.N.D.Ill.1991), citing In re Fisher, 29 B.R. 542 (Bankr.D.Kan.1983). In deciding this question, the Court has reviewed numerous cases which discuss the appropriate interest rate to be applied in order that a secured creditor in a Chapter 13 case receives payments under the plan that total at least the value of its interest in the collateral as of the effective date of the plan, as provided by 11 U.S.C. §§ 506(a) and 1325(a)(5)(B)(ii). The cases which the Court has reviewed range all the way from contract rate of interest to market rate of interest to the prime rate of interest. This Court finds that the majority of Courts which have addressed this issue have found that the appropriate rate of interest to be applied is the prime rate at the time of the filing of the Chapter 13 plan, plus an additional amount added for a risk factor. See: In re Hudock, supra,

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Cite This Page — Counsel Stack

Bluebook (online)
254 B.R. 227, 2000 Bankr. LEXIS 1237, 2000 WL 1585074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-knight-ilcb-2000.