Summary:
Following conversion from Chapter 13, the Debtor sought to redeem a motor vehicle based on the NADA trade-in value from the commencement of the bankruptcy case. Finding that BAPCPA amendments in 2005 to 11 U.S.C. § 506(a)(2) abrogated the previous rule as stated in In re Murray, No. 00-10603, slip op. at 5-6 (Bankr. M.D.N.C. June 23, 2000), the bankruptcy court held that, absent contrary evidence, the proper value for redemption was 90% of the NADA retail value, adjusted for age and condition.
For a copy of the opinion, please see:
Griffin- Redemption following Conversion from Chapter 13.pdf
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