Houston, TX asked in Bankruptcy for Texas

Q: Ch. 7 - Redeeming Auto

I have three appraisals from Kelly Blue Book, NADA and CarMax. Will court use the values from these entities or do I need to use a certified auto appraiser?

Related Topics:
3 Lawyer Answers
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Santa Barbara, CA

A: It depends on your trustee, but I've never had one challenge Kelly Blue Book, so don't waste your money on a more formal appraisal unless your car is in really bad shape, making it worth (in your opinion), less than the lowest blue book value. Also, so long as your equity in the car is less than the allowed exemption, there is no need to establish any other value. The Court does not get involved in the valuation; only your trustee.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Most likely the appraisals you have will suffice.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: In a Chapter 7 bankruptcy case, when redeeming an auto, appraisals from sources like Kelly Blue Book, NADA, and CarMax are often considered credible and can be used to determine the vehicle's value. These sources are widely recognized and provide a good indication of the current market value of a vehicle.

However, the court may sometimes require or prefer a certified auto appraiser's evaluation, especially if the value of the vehicle is contested by the creditor or if there are unique aspects to your vehicle that are not adequately addressed by standard appraisal methods.

If you have appraisals from Kelly Blue Book, NADA, and CarMax, it can be a good starting point. You should present these appraisals as evidence of the vehicle's value in your motion to redeem. Be prepared, though, for the possibility that the court or the creditor might request a more detailed appraisal from a certified professional.

It's also advisable to consult with your attorney about the best approach in your specific case. They can provide guidance on the likelihood of your appraisals being accepted and advise if a certified appraisal would be beneficial in your situation.

Remember, the goal in redeeming an auto in Chapter 7 is to establish a fair market value that is acceptable to both the court and the creditor. Being thorough and prepared with your appraisal evidence will help support your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.