My attorney told me that the lender gets involved somehow, but for the most part he told me it is Private Party Value, and I personally would just give it Fair condition if it is 4 years old, or older.
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So when the Trustee sticks you with Retail but lets say he doesn't sell the car for that. Say your exemption is $6000 and you give the trustee a value of $6000 for your car. The Trustee says it is worth $10000 retail. You refuse to buy it back for $4000 and tell him to keep it. Now lets say the trustee sells the car but only get $5000 at auction. Does the Trustee only pay you $5000 or is he still obligated to give you the full $6000?
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Good question! I don't know. Since our exemption is so low our only real choices are reaffirm, surrender or redeem.....Maybe someone here has had your experience.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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Good responses! Thanks for all the replies. I have a co-owner on my car also. I don't want them to get screwed on the value of their half the car. I think with the $6000 wild card in my state, I should be ok with the car. The big variable is the how they will value my other property and how that will eat up my other exemptions. Thanks again
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