Exempt Equity Value Appraisals For Bankruptcy Exemptions
The proper appraisal method for allocation of bankruptcy exemption
values is based on liquidation. The highest value obtainable by a
professional seller is not applicable, nor is the wholesale value.
Trustees must incur costs for administration, appraisal, auction sale,
accounting and reporting results to the court. Attorney fee rates are
charged. These costs are deducted from proceeds, so that the net funds
available after liquidation through auction determine the potential for
distribution to creditors. If the net distribution is nominal, trustees
routinely abandon assets and allow debtors to retain property.
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