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Redeeming Secured Property in a Chapter 7 Bankruptcy

In a Chapter 7 bankruptcy a debtor can keep secured property by either reaffirming the debt or redeeming the debt. Our Montgomery, Selma, and Central Alabama bankruptcy attorneys believe that redeeming debts are excellent tools to be used in a Chapter 7 case. Redeeming the debt means that the debtor will pay the creditor the replacement value of the property. It is often a good option to redeem the property if you owe substantially more on the loan than the property is worth.

The secured debt is one in which an item of property, which is called collateral, guarantees the payment of the debt. If you default on the debt the creditor can take the property. Examples of this would be one a creditor forecloses on a home or repossesses a car. In a Chapter 7 bankruptcy a debtor must decide what to do with his secured debts. If the debtor is not current on the monthly payments, then that debtor will likely lose the property. If the debtor is current, then the debtor could surrender the property and generally eliminate the debt; however, many times a debtor wants to keep the property which means he must reaffirm the debt or redeem the property.

In a Chapter 7 bankruptcy, when the debtor redeems the property, he essentially buys it back from the creditor in one lump sum. The amount that the debtor pays is the replacement value for the property. Replacement value is considered the price that a retail merchant would charge for property of that kind considering the age, condition, and overall value of that property. In most cases replacement value is far less than what the debtor owes on the debt. Many times, the debtor and creditor don't agree on what the replacement value of the property is. When this occurs the bankruptcy court may hold a valuation hearing and decide the question for the parties. If the debtor chooses to redeem the property from the creditor, then once the debtor pays the creditor the replacement value the debtor owns the property free and clear.

In Chapter 7 bankruptcy case a debtor can only redeem property if it meets all the following conditions. First it must be a consumer debt on goods that are used for personal or for household purposes; this excludes debts for business purposes or even cars that are used for business purposes. Second the debt to be redeemed must be for personal property. Personal property is any property other than real estate. Third the debt is tangible; this means you can touch it. We agree that it sounds odd but intangible property cannot be redeemed. Intangible property are things like Investments, stocks and bonds, or intellectual property rights. Finally, the property is either exempt or the trustee has abandoned it because it has little or no equity which can be sold and used for the benefit of the unsecured creditors.

Redeeming debt is often a good option if it's a debt that is substantially greater than the value of the property. In other words, it's best to redeem the debt if you have negative equity. The creditor must accept the replacement value of the item as payment in full even if you owe far more on the debt than the property is worth. There is one main drawback to redeeming a debt. The debtor must come up with a lump sum of money to buy the property back. Many people are unable to come up with a lump sum of money to buy back expensive items such as cars or motorcycles. When this happens, the debtors find themselves reaffirming the property instead of redeeming the property.

At The Sellers Law Firm, we believe in using redemption of debts as a tool to help debtors with their financial problems. Our Montgomery, Selma, and Central Alabama bankruptcy attorneys can help you with the intricacies of bankruptcy. We have offices in Montgomery, Selma, Greenville, and Troy. All consultations are always free, and we can usually meet with you within 24 hours. Our phone lines are answered 24 hours a day! Call or text us at 334-LAWYERS (529-9377) to set an appointment. You may also reach us by using Contact Form on our website or by emailing us at Remember that doing nothing changes nothing so act today!

The Sellers Law Firm is designated a debt relief agency by an Act of Congress and the President of the United States. We have proudly assisted people seeking relief under the U.S. Bankruptcy Code for four decades.

Client Reviews
Brandon was my first choice for an attorney because he is part of the community and you see him at the local store or PTA meetings and he always has time for you and answer your concerns. Ronica Phifer
The Sellers Law Firm represented me in my social security case, and later in my Chapter 7 bankruptcy. I have been very happy with all that you have done for me, and I refer people to you all the time. Thanks for all that you have done for me and my family. Angie Langford
I would like to start out by saying Brandon sellers is more than a lawyer that has helped my family out in numerous occasions but he's also a great friend to our family. Whenever he can't find a resolution for the problem he always recommends somebody that can. I've known him for years grew up together always been really good friends. I like to say in closing I'm really glad I know him I'm glad he's been able to help us when we've needed him. Thanks for everything you've done. Timothy Palmer
The sellers law firm is the best in Alabama they are friendly and very professional from the attorneys to the people in the office. They where very helpful throughout the whole process and even after it was over. So if you are in need for a bankruptcy firm give Brandon sellers a call you won't be disappointed Thank you Again Brian Floyd
I highly recommend Sellers Law Firm, they are fantastic and care about their clients. They walk you through step by step and advise you of your options. Sheila Wright