- 11 U.S.C.
In re Militante
Feb
06
2009
Ruling
Dealer's right to redeem vehicle was not precluded by failure to file proper statement of intention provided debtor paid proper value to secured creditor.
Procedural posture
When, in his chapter 7 case, debtor filed a motion pursuant to 11 U.S.C.S. § 722 to redeem a vehicle by paying the secured creditor a stated amount, the creditor opposed the requested relief, asserting that debtor should be required to pay a larger sum to redeem the vehicle and also asserting that the motion to redeem was untimely based on debtor's failure to timely file a proper statement of intention (SOI) as required by 11 U.S.C.S. § 521.
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Court
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