I am redeeming my vehicle under chapt 7 but the attorney for the client has not provided me an appraisal & ct is 2moro, wht do I

Bankruptcy 8 views 2 answers
Just after filing chpt 7, the car co. atty for my veh filed a motion to have the stay lifted. I then filed the motion to have my stay extended & the option to redeem my veh which the judge granted both. I provided my appraisal to the car co.'s atty a couple of weeks ago at the meeting of creditors. They did have someone come out & take pictures of my vehicle but he did not do a test drive, nor test/record the check engine light trouble codes. I have asked the atty for an official appraisal and break down of his clients findings several times & spoke with the receptionist who adv the client has not provided them with any kind of official appraisal/which she explained to their client that I as well as the judge would need that. Do I ask for a continuance or go with my appraisal from carmax?

Attorney Answers

2
Nels Hansen ·
In chapter 7 you have the choice to surrender, reaffirm or redeem the collateral. Surrender is straight forward. You give the collateral back and owe nothing else. In reaffirmation, even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For example, you may want to work out a plan with the bank to keep your car. To promise to pay that debt, you must sign and file a reaffirmation agreement with the court. Reaffirmation agreements are under special rules and are voluntary. Reaffirmation agreements must be voluntary, must not place too heavy a burden on you or your family, must be in your best interest, and can be canceled any time before the court issues your discharge or within 60 days after the agreement is filed with the court, whichever gives you the most time. If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. If you wish to redeem the property, you will have to pay the creditor the current market value of the collateral in one payment and typically within 30 days. If the creditor is disputing the amount you wish pay to redeem the vehicle you will need to present evidence of the value of the collateral to the court. You need to check your local rules regarding the exchange of witness and exhibit lists for hearings in contested matters. If the rules are not followed your witness may not be able to testify, and your evidence may not be admitted. If they have not followed the rules, their witness may not be allowed to testify and their evidence of value may not be admitted. The Court needs admissible evidence of the value of the car in order to rule on the value. Once the court rules on the value you will have a specific amount of time to pay the value to the creditor to redeem the vehicle.
0 upvotes
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
If you cannot agree on a value, the judge sets the value and a valuation hearing must be held. Our judges will require that the person that appraised the auto appear in court to testify as to the value as a copy of the appraisal report without the appraiser would be hearsay.
0 upvotes

People Also Asked