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Opinion 120

Case Name: 

In re Cook, 38 B.R. 870 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Mar-30-1984
Case Number(s): 
83C-0198
Status: 

PUBLISHED

Body: 

Bank held a perfected security interest in a car purchased by debtors less than 6 months prior to filing their chapter 13 petition. Debtors' plan provided for payment of bank's claim and fixed its value at $6,975. The court approved the plan, but reserved the issues of how, and on what date, the car should be valued. The court held that the car should be valued "as of or close to the effective date of the plan," noting that the proper date will ordinarily be the date of the confirmation hearing in a chapter 13 case. The court further held that the car should be valued in the amount creditor would receive if they were allowed to sell the collateral, which in this case was best represented by the NADA wholesale/average trade-in value as of the date of confirmation. The court specifically rejected the assertion by both parties that the car be valued at debtors' replacement cost.

Internal Ref: 
Opinion 120
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