QUESTION

Who decides property value in chapter 13 Bankruptcy?

Asked on Feb 02nd, 2016 on Bankruptcy - Missouri
More details to this question:
I am in an active chapter 13 bankruptcy. I asked for a copy of the proof of claim that was filed for an investment property. I noticed that the creditor had listed the property value at $215,000. When I filed for bankruptcy, I was told to get a comparative market analysis from a realtor. I did, and turned it in to the attorney (on time). The realtor had a list of comps for the area, and valued the property at $220,000. BUT, my attorney listed the property value at $243,600 based on the county assessor website. Was he required to use the county assessed value, or should he have used the comparative market analysis he asked me to get. I am paying about $10,000 in non exempt assets for not having enough exemptions to cover the equity. The balance on the property is below $220,000, and not in arrears. Plan is already confirmed.
Report Abuse

4 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
Update Your Profile
The county auditor's number is an estimate. The appraisal by the realtor will be used as the actual value unless another party also gets an appraisal, then it's a battle which one the judge will accept.
Answered on Mar 17th, 2016 at 5:08 AM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
When it comes to property values, the value used will generally be the value the debtor claims unless someone objects. If there is an objection, the person who persuades the judge that their valuation is as close to fair market value will prevail. Property valuation is a matter of opinion, not relying on any single hard and fast rule.
Answered on Feb 26th, 2016 at 5:27 PM

Report Abuse
Derek W. Freeman
There are a lot of factors that determine how much you pay in a chapter 13 bankruptcy, which you haven't mentioned. The fact that the liquidation analysis shows $10,000 in nonexempt equity in your house may or may not have any bearing on how much you're paying in the bankruptcy plan. How much will your creditors be getting through the plan? If it's significantly more than $10,000, then the fact that you have $10,000 in nonexempt equity in your home is immaterial. If, on the other hand, the amount your creditors will receive is right around $10,000, then it may be worth having an attorney look into it. If you believe you're paying too much in the plan, you may be able to get it modified. But I'm not going to second guess your attorney without much, much more information than you've provided. One last thing - if you try to lower your payments through a modification, you will have to provide evidence of your income and all your expenses to your trustee. The trustee will never allow a modification to lower payments unless you can document the need for lower payments.
Answered on Feb 26th, 2016 at 5:27 PM

Report Abuse
Creditor's Rights Attorney serving Clayton, MO at Fluhr & Moore, LLC
Update Your Profile
What you propose seems odd. You should have checked with your attorney before your plan was confirmed. It may not matter as often the plan payments are required by the test known as the B22.
Answered on Feb 26th, 2016 at 3:41 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters