Critical Case Comment

Critical Case Comment – In re Serda, 395 B.R. 450 (Bankr. E.D. Cal. 2008)

In re Serda, 395 B.R. 450 (Bankr. E.D. Cal. 2008)

To determine the appropriate value of a Chapter 13 debtor’s residence, a court should consider private sale values and discount “bank owned” sales.

Summary of the Case

The debtor sought to value her residence so she could establish that the fair market value was less than the debt secured by the first priority trust deed on her property. If she could establish that fact . . .

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