722 Redemption = AP Required?

[doni49]

If I wish to redeem my car, will an AP be required? Or if I can get the lender to agree on a value, will I not need to go to court?

TIA!

[justbroke]

No. Redemption is done via contested matter, not via adversary proceeding or complaint (AP). You would file a Motion to Redeem. Many Districts have "templates" for this in PDF. You still need to submit paperwork, the Motion, and if there is stipulated agreement, you can file that stipulation alongside the Motion indicating that you and the lender agree. You still need to the Judge's permission (order) to redeem the property, since the claim is really being "bifurcated" into a secured claim and an unsecured claim. The unsecured claim will be discharged with all the other general unsecured debt.

I have a sample, but you can easily Google for one.

[doni49]

Thanks. I knew I needed to file a motion to redeem and that a judge would have to approve it. I just hoped that I might avoid having to litigate it. But I guess if both sides stipulate, then there wouldn't be any litigation.

I logged in to Pacer and found a case from my district in which the judge approved the debtor's motion to redeem. I downloaded that motion figuring that I'd change the specifics (my name, case number, VIN etc)--basically use that as a template.

Would you have a sample that I could use to say that both sides have stipulated to the value? Of course I realize that I first need to get the lender to agree to the value before that would do any good. But I'd like to have it on hand in case we CAN agree.

Assuming for minute that we are not able to agree, what's involved with doing it Pro Se? Is it just a matter of standing before the judge showing my supporting documents to explain why I believe the value is $x?

Thanks again for all your help!