Title Timothy James Burek, Sr., Debtor/Timothy James Bur
Judge
Robert A. Gordon
Entered
Case Number
06-15732
Summary

Debtor filed a motion to redeem his automobile, secured by a lien in favor of Respondent, pursuant to Sections 722 and 506(a) by paying the value of the collateral in a lump sum within 30 days. The Court concluded that in order to redeem the automobile, Debtor must pay the fair-market, retail value of the collateral, as adjusted for age and condition. The Court further held that under Section 506(a)(2), added by BAPCPA, the valuation of the collateral should be made as of the date of filing of the petition, and thus post-petition depreciation should not be taken into account.

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