How do I file a motion for a redemption of an auto in Chapter 7 Bankruptcy?

I gave a notice of intent for redemption to an auto lender to buy out a loan on a car that I have that is now worth far less than the outstanding amount on the loan because it has a bad transmission and other problems. I contacted the lender and they say they won't negotiate in redemption and I won't reaffirm my loan. I need to file a motion for a hearing so that I can show pics and give evidence of the cars condition and force the judge to make the decision on how much it would cost for me to buy out. How do I file my own motion and is there a fill in the blank form I can use. Would a paralegal be able to do this for me at a minimal fee?How do I file a motion for a redemption of an auto in Chapter 7 Bankruptcy?You obviously have done your homework. But a little knowledge can be dangerous: watch out! And note: redemption depends on your (federal court) district, and also on when you filed for bankruptcy since the law changed dramatically last year.



"Cars are also harder to redeem in Chapter 7 cases, since the law now requires paying the lender the retail replacement value of the car. That value is generally higher than the private sale value that was commonly used under prior law. It remains possible for a debtor to surrender a car when keeping up the payments will be impossible." http://bankruptcy-law.freeadvice.com/con鈥?/a>



A paralegal can do nothing more than fill out a printed form on your instructions. Even selecting a form can open him or her out to a charge of unlicensed practice of law and a fine or disgorgement of fees present and past.



In any case, it seems you need to file a motion with the court to set a value. The exact wording isn't so important as notifying the court and the lender of what you propose. Since bankruptcy files are public records, you can go to the court and look at random files until you find what you want. You can probably locate a redemption motion by searching the dockets on the computer.



You can actually do this at home if you take out a subscription to PACER ( http://pacer.psc.uscourts.gov/ ) and your county law library may well have such a subscription you can use. (Many or most districts also make it possible to download documents in PDF format. The charge for viewing and downloading via PACER is 8 cents a page.)



Alternatively, a free law clinic might give you a model form.



How successful you will be depends on the judge, the aggressiveness of your lender and how the new law is being implemented.How do I file a motion for a redemption of an auto in Chapter 7 Bankruptcy?ASK UR ATTORNEY.How do I file a motion for a redemption of an auto in Chapter 7 Bankruptcy?Go to your locak law library and look it up