In re Lloyd

342 B.R. 301, 2006 Bankr. LEXIS 704, 2006 WL 1174470
CourtUnited States Bankruptcy Court, E.D. Missouri
DecidedFebruary 17, 2006
DocketNo. 03-55683-659
StatusPublished

This text of 342 B.R. 301 (In re Lloyd) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Lloyd, 342 B.R. 301, 2006 Bankr. LEXIS 704, 2006 WL 1174470 (Mo. 2006).

Opinion

ORDER

KATHY A. SURRATT-STATES, Bankruptcy Judge.

The matter before the Court is Debtor’s Motion for Redemption Pursuant to 11 U.S.C. § 722 (“Motion for Redemption”) and Creditor’s Response to Debtor’s Motion for Redemption (“Creditor’s Response”). A hearing on this matter was [302]*302held on November 28, 2005, where both parties appeared by counsel. The Court thereafter took the matter as submitted. Upon consideration of the record as a whole, the Court makes the following FINDINGS OF FACTS:

Veronica Lloyd (“Debtor”) filed for relief under Chapter 13 of the Bankruptcy Code on November 19, 2003. John V. LaBarge, Jr. was the duly appointed Chapter 13 Trustee. Debtor filed a Motion to Convert her case from a Chapter 13 to Chapter 7 on July 29, 2005. This Court issued an order granting Debtor’s Motion to Convert on August 2, 2005. Trustee Robert J. Blackwell is the duly appointed Chapter 7 Trustee (“Trustee”).

Debtor owns a Pontiac Grand Am (“the Vehicle”) secured by a lien held by General Motors Acceptance Corporation (“Creditor”). There is confusion as to the model of the Vehicle since the Motion for Redemption indicates that the Vehicle is a 2003 model while Debtor’s appraisal indicates that the Vehicle is a 2002 model. Creditor’s Response admits as fact that the Vehicle is a 2003 model. As there is no dispute between the parties, the Court will use the 2003 model as the accepted model of the Vehicle since Creditor’s Response stipulates as such. The Court rejects Debtor’s initial appraisal filed with the Motion for Redemption since it cannot determine whether it is based upon the appropriate vehicle model. Debtor submitted a second appraisal to the Court at the hearing that reflects the appropriate vehicle model and condition. The Court accepts Debtor’s second appraisal.

The Vehicle is in fair condition with minor scratches and a broken right mirror. Creditor’s damage appraisal indicates that the aforementioned defects can be corrected on the Vehicle for $1,622.39. The Vehicle also had 28,282 miles on the hearing date. Debtor filed the Motion to Redeem on August 26, 2005, seeking to redeem the Vehicle under 11 U.S.C. § 722. The parties agree that the Vehicle is tangible personal property intended primarily for personal, family, or household use. The parties further agree that the Vehicle is secured to the extent of the allowed secured claim of Creditor. Trustee abandoned the Bankruptcy Estate’s interest in the Vehicle.

It is Debtor’s contention that the Vehicle is worth no more than $5,450.00, which is based on the liquidation value of the Vehicle. In addition, Debtor is prepared to pay Creditor the aforementioned liquidation value in one lump sum. Creditor disputes Debtor’s valuation of the Vehicle and argues that the correct value of the Vehicle is $7,700.00.1 The Court carefully weighs the merits of each argument and reaches a decision below.

JURISDICTION

The Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 151, 157, and 1334 (2005), and Local Rule 81-9.01(B) of the United States District Court for the Eastern District of Missouri. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(E) (2005). Venue is proper under 28 U.S.C. § 1409(a) (2005).

CONCLUSIONS OF LAW

Section 722 of the Bankruptcy Code provides that “[a]n individual debtor may.. .redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dis-chargeable consumer debt, if such proper[303]*303ty is exempted under section 522 of this title or has been abandoned under section 544 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien.” 11 U.S.C. § 722 (2005).

“The phrase ‘allowed secured claim’ appears in several provisions of the Bankruptcy Code, and is generally understood as meaning the claim resulted from bifurcation under § 506(a).2In re Tripplett, 256 B.R. 594, 596 (Bankr.N.D.Ill.2000). Bifurcation is generally understood to mean that a creditor has an allowed secured claim to the extent the collateral covers the amount of its claim. See In re Podnar, 307 B.R. 667, 669 (Bankr.W.D.Mo. 2003).

The legislative history of Section 722 indicates that creditors are entitled to payment of an amount equal to the value of the property obtained by the creditor upon resale of the vehicle.3 There is only one reported case4 that holds that replacement value, and by extension, retail value is the appropriate standard under Section 722. A majority of courts that have wrestled with redemption value have interpreted the legislative history of Section 722 to mean liquidation or wholesale value.5 Consequently, this Court adopts the majority rule that redemption value under Section 722 is tantamount to the wholesale value of a vehicle.

“ ‘[T]he date that the debtor files a motion to redeem property.. .is the appropriate date for determining the value of collateral.’ ‘[I]f the redemption is contested, the date of the hearing is appropriate because that date most closely approximates the time frame during which a secured creditor could repossess and sell the collateral after a debtor’s bankruptcy filing.’ ” Id. at 672-73.

Here, Creditor is entitled to only the redemption value of the Vehicle, which is reflected by the Vehicle’s liquidation value. The legislative intent on this matter is persuasive and a majority of our sister courts are in agreement. Furthermore, the starting point for valuation of the Vehicle is the date of the hearing since Creditor contested Debtor’s valuation of the vehicle. Therefore, the liquidation value of the vehicle is measured as of November 2005 to reflect the date that this matter was heard.

The remaining issue is the actual liquidation value of the Vehicle. Debtor’s sec[304]*304ond appraisal indicates that the Vehicle is worth $5,495.00. However, Debtor’s second appraisal of the Vehicle is flawed as to the appropriate date and method of valuation. First, Debtor failed to measure the Vehicle’s liquidation value from the date of the hearing for the reasons discussed infra. Second, in actions where debtors file motions for the redemption of motor vehicles, courts typically use the National Automobile Dealer’s Association Guide (the “NADA Guide”), unless the car is in poor condition.6

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Related

Associates Commercial Corp. v. Rash
520 U.S. 953 (Supreme Court, 1997)
In Re Tripplett
256 B.R. 594 (N.D. Illinois, 2000)
In Re Smith
307 B.R. 912 (N.D. Illinois, 2004)
In Re Podnar
307 B.R. 667 (W.D. Missouri, 2003)
In Re Mitchell
320 B.R. 687 (E.D. Missouri, 2005)
In Re Neal
314 B.R. 198 (N.D. Iowa, 2004)
In Re Bryan
318 B.R. 708 (W.D. Missouri, 2004)
In Re Barse
301 B.R. 404 (W.D. New York, 2003)
Triad Financial Corp. v. Weathington (In Re Weathington)
2000 FED App. 0012P (Sixth Circuit, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
342 B.R. 301, 2006 Bankr. LEXIS 704, 2006 WL 1174470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lloyd-moeb-2006.