Bankruptcy Forum

How Property Is Valued for Exemption Purposes

anonymuse
09-27-2006, 03:30 PM
How Property Is Valued for Exemption Purposes

Under the old rules, you could value your property at
roughly what you could get for it at your own garage
sale. The new bankruptcy law uses a new standard:
You must value property at what it would cost to
buy it from a retail vendor, taking the property’s age
and condition into account. (11 U.S.C. §§ 506 and
527(b).) For cars, this “replacement value” will be
the retail amount listed in the Kelly Blue Book or
similar price guides. For other property, you will have
to use the amount for which similar property is sold
on eBay, or at used clothing or furniture stores, flea
markets, and the like.

HHM
08-15-2009, 09:12 PM
I can't believe we let this post last this long. This post is completely wrong.

The replacement value does not apply to "exemptions", it applies to determining secured status and the value of secured claims.

LuciluS
08-15-2009, 09:50 PM
Thank you HHM as this thread was posted several times on the Chapter 7 Section and I knew our Attorney said differently.

Cheerios to Ya!

Luci

Pizza
08-17-2009, 07:41 PM
I wanted to comment along the same lines long ago but let it go.

What it all boils down to is how much cash the trustee can get, or even moreso what he/she wants to fool with. Most of us are not here to cheat the system and our meager possessions will likely not be of any interest to the trustee.

swampwiz
10-11-2009, 11:04 AM
I would think that the trustee would think that the value is what he could get at an auction type of sale, minus the expenses of hauling the stuff out to auction, and the auctioneer's fee as well.

In my case, I have some pinball machines that would have an average Ebay value of $500 (NOTE: an Ebay value is way below the retail value of someone who would have a storefront, etc.) Now I could easily see a charge of $150 just to move it, and then at auction, unless there was an astute collector there, the machine might only get $150. So the trustee should think that the machines are not worth the trouble. At least I hope so - I don't want to lose my babies, and I would pay for them in reaffirmed debt if I had to. :D