In re MARY R. ADAMS, Debtor.
No. 2:13-bk-33408-RK
United States Bankruptcy Court, Central District of California, Los Angeles Division
November 4, 2013
ORDER DENYING DEBTOR'S MOTION FOR REDEMPTION
Robert Kwan, United States Bankruptcy Judge.
On October 3, 2013 Debtor, Mary R. Adams, filed a Motion for Redemption of 2010 Dodge Avenger Under 11 U.S.C. 722 (Docket No. 9)(the "Motion"). A hearing on the Motion was held on October 29, 2013. Appearances were as noted on the record.
Having reviewed and considered the papers filed in support of the Motion, the court hereby DENIES Debtor's Motion for the reasons stated on the record and in the court's tentative ruling posted on the court's website, which is quoted below, and now adopted by the court:
Deny the motion to redeem personal property because: (1) movant has not shown that the property is abandoned under
11 U.S.C. 554 (case docket does not indicate abandonment by trustee - filing of no distribution report is not abandonment, In re Reid,
940 F.2d 1317, 1321 (9th Cir. 1991)) or exempted under
11 U.S.C. 522 (property not claimed as exempt on Schedule C); (2) movant is not offering to pay the amount of the allowed secured claim (based on fair market value,
11 U.S.C. 506(a), which as shown by Kelley Blue Book value in Exhibit A to motion is $7, 281, and movant is offering about $900 less); (3) movant did not serve lienholder as indicated in its request for special notice filed on 9/26/13 (requiring an account number to be listed - movant may have an argument, though, for substantial compliance since the mailing went to the correct post office box address). Appearances are optional on 10/28/13, but counsel may appear by telephone.
IT IS SO ORDERED.