- 11 U.S.C.
Ariman, In re
Oct
30
2023
Ruling
Court properly based its decision that windows were personal property and could beredeemed on the parties' intent as expressed in their contract. (Bankr. M.D. Fla.)
Issue(s)
Redemption.
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- 11 U.S.C.
Ariman, In re
Aug
25
2023
Ruling
Replacement windows in debtor's house were tangible personal property, which allowed thedebtor to redeem the windows notwithstanding a subsequent fixture filing by creditor. (Bankr.M.D. Fla.)
Issue(s)
Redemption.
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- 11 U.S.C.
In re Maynard
May
25
2016
Ruling
Debtor could not redeem two motor vehicles.
Issue(s)
Could debtors redeem two motor vehicles absent objection?
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:
- 11 U.S.C.
Miles v. Capital One Auto Fin. (In re Miles)
Jan
15
2015
Ruling
Late-filed motion to redeem motor vehicle granted where creditor had not acted to reaffirm its debt.
Issue(s)
Could debtor's motion to redeem property, filed outside of timelines specified by the Bankruptcy Code, be granted?
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:
- 11 U.S.C.
In re Nance
Jun
12
2013
Ruling
Debtor in required to pay 90 percent of the NADA retail value as of the petition date in order to redeem vehicle without reduction for preconversion plan payments.
Procedural posture
The chapter 7 debtors filed a motion to redeem a vehicle pursuant to 11 U.S.C.S. § 722 for $0.
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:
- 11 U.S.C.
In re Airhart
May
31
2012
Ruling
Court could determine redemption value of vehicle in converted chapter 7 case without relying on value established while case was in chapter 13.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan that valued a vehicle she owned at $17,000 and paid a credit union the full amount of the debt. Just over two years later, the debtor converted her case to one under chapter 7 of the Bankruptcy Code and filed a motion to redeem the vehicle pursuant to 11 U.S.C.S. § 722. The court held a hearing on the debtor's motion.
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:
- 11 U.S.C.
In re Ayres
Feb
16
2010
Ruling
Vehicle securing debt redeemed based on value as determined by bankruptcy court.
Procedural posture
A bankruptcy debtor proposed to redeem his vehicle by paying the creditor secured by the vehicle the value of the vehicle, but the creditor disputed the value of the vehicle as determined by the debtor. The debtor moved for an order redeeming the vehicle and avoiding the creditor's lien.
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:
- 11 U.S.C.
In re Redpath
Sep
30
2009
Ruling
Debtor could redeem vehicle for retail value, but less than value set by creditor's expert which was greater than purchase price.
Procedural posture
Bankruptcy debtors moved to redeem a motor vehicle under 11 U.S.C.S. § 722 by paying an amount to a creditor secured by the lien, but the creditor objected to the amount and asserted that the value of the vehicle was higher.
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:
- 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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:
- 11 U.S.C.
In re Miller
Sep
24
2008
Ruling
Debtor's proposed valuation of jewelry denied due to discrepancy between claimed value and higher amount owed on jewelry to creditors.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code and claimed on his schedules that he had jewelry valued at $5.00. The debtor also claimed that two creditors held secured claims for over $5,550 in jewelry purchases. The jewelry belonged to the debtor's non-filing spouse. The debtor then filed a motion to redeem and sought a valuation of $230 for the jewelry at issue, pursuant to 11 U.S.C.S. § 722.
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