In Re Radden

35 B.R. 821 (1983)

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Nature of the Case

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Facts

P purchased a Ford Mustang from Hechler Chevrolet, Inc. The installment sales agreement was assigned to D. When an uncured default occurs and D delivers the collateral to Hechler within ninety days of the original default, Hechler will pay D the balance of the principal and interest due on the contract. The running of the ninety-day period is tolled when D is precluded legally from repossession or returning the collateral to Hechler. P failed to make the contractually required payments to D for June 1983. P did not cure the default and also failed to make the required monthly payment in July 1983. D notified P of the right to redeem the property and of a proposed sale of the property on August 12, 1983. On August 10, 1983, P filed Chapter 13. P lists the value of the property as $2,700.00 and the balance due on the contract as $4,400.30. The Chapter 13 plan proposes to pay, D in full to the extent of the value of the collateral plus interest thereon at the rate of 12 percent per annum in deferred monthly cash payments of $89.68 over a period of 36 months. To the extent that the amount on the contract exceeds the value of the collateral, the obligation owing to D is treated as an unsecured claim. Under the plan, unsecured claims are to receive seventy cents on the dollar. P lives about a mile and a half from his place of employment and three blocks from a food store. P has missed very little work in the past five years. P seeks a turnover of the property to enable him to get to and from work. D seeks relief from the automatic stay to deliver the property in its possession to Hechler thereby preserving its recourse rights under their agreement.