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In re Hawkins (Case No. 06-60935) 12/4/2006

The only remedy provided to creditors under 11 U.S.C. § 521(a)(6) when a debtor fails to redeem the collateral or reaffirm the debt within 45 days of the date first set for the meeting of creditors is that the stay is terminated.  The amount to be used when determining the "replacement value" is the amount of money a lender is willing to lend to the debtors if given a security interest in the collateral, not the amount of money it would cost the debtors to replace the collateral.  The N.A.D.A. value, adjusted for mileage and condition, represents the amount that a merchant would charge for the vehicle.

Date: 
Monday, December 4, 2006
Category: 
Redemption
Valuation
Chapter: 
7