debt, if such property is exempted under section 522 of the title or has been abandoned under section 554 of the title” 11 U.S.C. §722.

            The item to be redeemed is tangible personal property intended primarily for personal, family or household use, and is more particularly described as (YEAR, MAKE AND MODEL OF VEHICLE, AND VIN#)

            The interest of the Debtor(s) in such property is exempt or has been abandoned by the estate and the debt which is secured by said property to the extent of the allowed secured claim of the Creditor is a dischargeable consumer debt.

            Here, Debtor has elected to exempt the vehicle as set for under 11 U.S.C. §522. A copy of the Debtor’s Schedule C is attached to the motion as Exhibit “A”.

II.  VALUATION STANDARD FOR REDEMPTION

            11 U.S.C. §722 allows a debtor to redeem personal property by paying the holder of a secured lien the amount of the “allowed secured claim” in one lump sum.  Under section 11 U.S.C. §506(a) of the Bankruptcy Code , Congress has set the valuation standard for the redemption of a vehicle as equal to the “price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined”.

III.  PRICE A RETAIL MERCHANT WOULD CHARGE

            To determine the value of a vehicle for purposes of redemption, Courts routinely use industry guides as appropriate evidence of valuation. In re Thayer, 98 B.R. 748 (BK W.D.V.A. 1989). As evidence of the value of the vehicle, (NAME OF LAW FIRM) offers an online printout of a (YEAR, MAKE AND MODEL OF VEHICLE) retail value as best evidence of the redemption value of the vehicle (See Exhibit “B”, attached to motion). Additionally, (NAME OF ATTORNEY OR LAW FIRM), offers an online printout of NADA Guide Pricing (See Exhibit

“C”) for (YEAR, MAKE AND MODEL OF VEHICLE). Both forms of evidence are admissible as “market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.”  Fed. R. Evid. 803(17). Based on the evidence presented to the court the  "redemption value", should be determined to be no more than (DETERMINED VALUE) as evidenced by an online printout of Kelley Blue Book, attached as Exhibit “B”, and incorporated as is fully stated herein.

            Arrangements have been made by the Debtor(s) to pay (NAME OF FINANCING COMPANY) up to the aforesaid amount in a lump sum should this order of redemption be entered.

            The (YEAR, MAKE, & MODEL OF VEHICLE) inconsequential value or benefit to the estate.

            WHEREFORE Debtor(s) prays this Honorable Court enter an order:

A.         Requiring (NAME OF FINANCING COMPANY). to accept from Debtor(s) the lump sum payment of (DETERMINED VALUE) the redemption value, and;

B.         Requiring (NAME OF FINANCING COMPANY) to release its lien of record against the (YEAR, MAKE, MODEL & VIN# OF VEHICLE)

C.         Allowing Debtor to redeem the subject property by paying to the creditor the redemption amount on or before the 20th day following entry of the order.

Respectfully Submitted,

/s/ ___________________

Name of Attorney

Address

PROOF OF SERVICE

State of California                            )

                                                                ) ss.

County of Los Angeles                   )

                I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action.  My business address is ___________________________________________

          On                   I served the foregoing document described as MOTION FOR REDEMPTION                                         

SEE ATTACHED

[x]          by placing [ ] the original [x] a true copy thereof enclosed in a sealed envelope addressed  to each addressee as stated on the attached service list Executed on at ______________________________

[x]          (State)  I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

[x]          (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Name of Declarant                                                                                                                          __________________         

Type or Print Name                                                                                         Signature

Service List

United States Trustee

Address

Debtor
Name

Address

Trustee
Name

Address

Registered Agent of Finance Company

Name

Address

Creditor: Finance Company Name

Address