AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

In re Michael Harris CARROLL and Josie Carroll, Debtors. The ARIZONA BANK, Appellant, v. Michael Harris CARROLL and Josie Carroll, Appellees.

OPINION

HERBERT KATZ, Bankruptcy Judge:

Under the facts in this case the Arizona Bank held a valid security interest in a pickup truck owned by the debtors herein and valued at $2,400.00. In the court below the debtors applied for a redemption of the truck in installment payments. On January 1, 1981, Judge Maggiore ordered that a redemption under 11 U.S.C. § 722 can be made in installment payments. 7 B.R. 907 (Bkrtcy.).

11 U.S.C. § 722 provides:

"An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under Section 522 of this title or has been abandoned under § 554 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien." (Emphasis added).

After reviewing Section 722 and the applicable legislative history this court finds that a redemption must be made through a lump sum payment. See also In re Zimmerman, 4 B.R. 739, 2 C.B.C.2d 650 (Bkrtcy.S.D.Cal. 1980). To hold otherwise would frustrate the clear meaning of the section.

REVERSED.

Use AI to get other relevant cases.

Comments

IN RE CARROLL, (B.A.P. 9th Cir. 1981)
(May 26, 1981)