Legal Opinion

In re Solis

United States Bankruptcy Court, W.D. Texas

Decided April 15, 2016No. CASE NO. 15-11181-tmdPublished

1Opinion of the Court

MEMORANDUM OPINION

TONY M. DAVIS, UNITED STATES BANKRUPTCY JUDGE

The question before the Court is simple: What is the replacement value of the Debt- or’s 2008 Ford Explorer XLT?

I. Background

The Debtor seeks relief under chapter 13, the wage-earner’s reorganization statute. His schedules of assets and liabilities, which he swore to under oath, include a 2008 Ford Explorer XLT with an asserted value of $6,731. The Explorer secures debt of $12,774 owed to Ally Financial. The value of the Explorer matters because the Debtor’s chapter 13 plan, which was confirmed on March 28, 2016, will become…

2Cases cited19 opinions

  1. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  2. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  3. In The Matter Of Fidelity Holding Company, Ltd.Court of Appeals for the Fifth Circuit · 1988
  4. Dana I. Kestenbaum v. Falstaff Brewing CorporationCourt of Appeals for the Fifth Circuit · 1975
  5. In Re Heritage Highgate, Inc.Court of Appeals for the Third Circuit · 2012

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