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In re Avery (Case No. 07-50300) 7/20/2007

The debtor filed motion to redeem personal property of her estate pursuant to 11 U.S.C. § 722, namely, a vehicle.  The issue before the Court is the appropriate redemption value for the vehicle.  The debtor, in her motion, seeks to set the redemption price of the car based on the Kelley Blue Book for Private Party Value, which is the "price a retail merchant would charge for the property."  The Court held that setting the value based on the Kelley Blue Book for Private Party Value, without taking into account the Suggested Retail Value, conflicts with the language of Va. Code § 8.01- 419.1 and 11 U.S.C. § 506(a)(2) because the Private Party Value does not take into account retail merchant price for the property; rather, the Private Party Value focuses on private party transactions.  Thus, the Court held that while movants are not precluded from using Kelley Blue Book as a starting point for valuation, in order to be consistent with 11 U.S.C. § 506(a)(2), the retail value must be the starting point for any valuation in redemption proceedings under Section 722.

Date: 
Friday, July 20, 2007
Category: 
Evidence
Redemption
Valuation
Chapter: 
7