- 11 U.S.C.
Maynes, In re
Apr
18
2019
Ruling
Appropriate time to value personal property for redemption purposes was the petition date,not the date of the valuation hearing. (Bankr. D.N.M.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor
ABI Membership is required to access the full summary of Maynes, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Keokuk, In re
Apr
08
2019
Ruling
Confirmation of the debtor's second amended Chapter 13 plan was denied as her plan only setthe value of allowed secured claim and did not address the value of property that was used topay that allowed secured claim. (Bankr. E.D. Ky.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor
ABI Membership is required to access the full summary of Keokuk, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rucker, In re
Jul
03
2018
Ruling
Court set the replacement value of the manufactured home and accepted creditor's valuation but reduced the amount to account for certain faults. (Bankr. S.D. Miss.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor Chapter 7 or Chapter 13 Cases.
ABI Membership is required to access the full summary of Rucker, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fields, In re
Aug
17
2017
Ruling
Valuation of a mobile home by debtor's expert which was done based on its retail price washeld by the court to be the most reliable option for purposes of the case. (Bankr. D. Kan)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor Chapter 7 or Chapter 13 Cases.
ABI Membership is required to access the full summary of Fields, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Moses, In re
Jan
31
2017
Ruling
Court adopted creditor's appraiser's cost approach of $72,600 in valuing secured claim ondebtor's mobile home as her appraisal values using the N.A.D.A. Manufactured HousingAppraisal Guide were appropriate and supported. (Bankr. E.D. Okla.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor Chapter 7 or Chapter 13 Cases.
ABI Membership is required to access the full summary of Moses, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Dixon
Jul
26
2016
Ruling
Property valuation modified downward based on amount of swampland on debtor’s property.(Bankr. S.D.W. Va.)
Issue(s)
What was proper valuation of debtor’s property that served as collateral for creditor’s loan?
ABI Membership is required to access the full summary of In re Dixon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Solis
Apr
15
2016
Ruling
Motor vehicle collateral valued with creditors bearing burden of proof.
Issue(s)
What was the replacement value of debtor's 2008 vehicle.
ABI Membership is required to access the full summary of In re Solis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Gensler
Oct
23
2015
Ruling
Manufactured home valued without deducting cost of removal and relocation.
Issue(s)
What was the proper valuation of debtor's manufactured home?
ABI Membership is required to access the full summary of In re Gensler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Perales
Mar
12
2012
Ruling
Bankruptcy court properly granted debtor's motion to redeem vehicle as creditor had adequate notice of hearings.
Procedural posture
Appellant creditor challenged a decision of the bankruptcy court for the Northern District of Ohio, which granted debtor's motion pursuant to 11 U.S.C.S. § 722 to redeem his vehicle for a lump sum of $1,400.
ABI Membership is required to access the full summary of In re Perales Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Scott
Sep
27
2010
Ruling
Value of used vehicle for cramdown purposes set at National Automobile Dealers Association Guide retail value less cost of repairs and reconditioning.
Procedural posture
This matter came before the court on debtor's chapter 13 petition, in contemplation of approval of debtor's Plan of Confirmation, together with objections interposed by a creditor. The principal issue before the court was how to calculate the replacement value of a used vehicle for cram down purposes, including the appropriate commercial valuation guides to be used.
ABI Membership is required to access the full summary of In re Scott Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: