DECLARATION of Debtor in Support of Motion to Value Collateral, Motion to Redeem Collateral

DECLARATION of debtor in support of motion to value collateral, motion to redeem collateral or motion to disallow claim

I, [DEBTOR], hereby declare as follows:

1.  I have personal knowledge of the facts set forth below and if called upon to testify, I could and would competently testify thereto.

2.  I am the debtor in the herein Chapter [LIST CHAPTER] bankruptcy, Case Number [CASE NUMBER].

3.  I own a [YEAR, MAKE, MODEL] (“Vehicle”), VIN number [VIN NUMBER] with [MILEAGE] miles. My Vehicle has [LIST ANY OPTIONS INSTALLED OR SPECIAL FEATURES].

4.  I use my Vehicle for personal, family and household purposes.

5.  I originally purchased the Vehicle on [DATE OF PURCHASE] at the price of $[PURCHASE PRICE]. [LENDER] is the lienholder to which I currently owe [CURRENT BALANCE] on the Vehicle loan. Attached as Exhibit “1” is a copy of the most recent statement from [LENDER].

6.  I value the Vehicle at $[VALUE] based on NADA clean retail value, adjusted downward for the condition and costs of repairs as of the date of the filing of my bankruptcy case. My Vehicle is [DESCRIBE CONDITION OF VEHICLE INCLUDING ANY DAMAGE, GENERAL WEAR AND TEAR, AND PAST OR NECESSARY REPAIRS]. Attached as Exhibit “2” is a copy of the NADA valuation. My valuation is further supported by repair estimates provided by [MECHANIC]. Attached as Exhibit “3” is a copy of the estimates I obtained from [MECHANIC].

7.  [ADDITIOINAL EVIDENCE] My valuation is further supported by photographs I took on [DATE]. Attached as Exhibit “4” are pictures of the Vehicle taken on [DATE].

8.  [ALTERNATE EVIDENCE] My valuation is supported by local listings of retail merchants indicating an average value of $[VALUE] for similar vehicles in like condition. Attached as Exhibit “2” is a copy of the local vehicle sales ads by [LOCAL AUTO DEALER].

9.  [ALTERNATE EVIDENCE] My valuation is supported by an appraisal report completed on [DATE OF APPRAISAL], by [APPRAISER’S NAME], a qualified auto appraiser (see Declaration of [APPRAISER’S NAME]). Attached as Exhibit “2” is a copy of the Appraisal.

10.  [FOR MOTION TO VALUE] I respectfully request that the Court accept $[VALUE] as the replacement value of my Vehicle, and upon completion of paying $[VALUE] through my chapter 13 plan, and upon entry of discharge in my case, that my Vehicle be deemed paid in full, and that the lien of [LENDER] will not constitute an encumbrance on my Vehicle.

11.  [FOR OBJECTION TO CLAIM] I respectfully request that [LENDER]’s Proof of Claim be denied to the extent it exceeds $[VALUE].

12.  [FOR MOTION TO REDEEM] I respectfully request that the Court enter an order requiring [LENDER] to accept the lump sum payment of $[VALUE] as the redemption value; and require [LENDER] release its lien of record against my Vehicle.

I, ______, declare under penalty of perjury that the foregoing is true and correct and that the declaration was executed on ______at ______, California.

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