In re Araujo
Opinion
Lead Opinion
Montali, J.
MEMORANDUM DECISION ON DEBTOR’S MOTION SETTING PROPERTY VALUE
I. INTRODUCTION
Before the court is a Motion Setting Property Value (“Motion”) filed by Debtor Eva Lopez Araujo (“Debtor”) on May 18, 2011, to determine the value of personal property securing an allowed claim. The personal property at issue is a 2006 Toyota Sienna LE (the “Vehicle”). The secured creditor, Travis Credit Union (“Travis”), *17 holds a consensual lien secured by the Vehicle.
Debtor is seeking to confirm a chapter 13 plan and is attempting to “cram down” Travis’s claim to the current value of the vehicle, pursuant to 11 U.S.C. § 506 (a). 1 Travis objected to Debtor’s proposed value of the Vehicle and objected to confirmation of the plan. Debtor filed a Motion Setting Property Value (“Motion”) to have the court determine the value of the Vehicle.
By the Motion, Debtor seeks an order fixing the retail value of the Vehicle in the amount of $5,700. In support of its Motion, Debtor filed a Memorandum of Points and Authorities in Support of Motion Setting Property Value (“Debtor’s Memorandum”), and two declarations: one by Jason Honaker, the attorney for Debtor (“Ho-naker Declaration”), and one by Anthony…