Lawwly

In re Sumerell

United States Bankruptcy Court for the Eastern District of Tennessee

194 B.R. 818 (1996)

Relevant factsFree

Sumerell (defendant) claimed household goods and furnishings as exempt in his Chapter 7 case, valuing them at $2,135 based on liquidation value; creditor Wachovia (plaintiff) objected, arguing the true fair market value was $27,405. Wachovia's expert, an auctioneer, valued the goods based on auction resale and even offered to personally buy them all for $19,700, while Sumerell's expert testified the retail value was $19,850 but a quick liquidation sale would net only about 20 percent of that, or $3,900.

IssueFree

Should a determination of the fair market value of goods for bankruptcy-exemption purposes take into account the fact that bankruptcy is occurring and apply a hypothetical liquidation-sale valuation?

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases