Redemption
What is redemption in Chapter 7 bankruptcy?
Redemption is the right under 11 U.S.C. § 722 for an individual Chapter 7 debtor to keep tangible personal property, like a car, securing a dischargeable consumer debt, by paying the lienholder the full amount of the allowed secured claim in one lump sum. BAPCPA added the words "in full at the time of redemption" in 2005, ruling out installment redemption plans.
Key takeaways
- Redemption under 11 U.S.C. § 722 lets an individual Chapter 7 debtor keep tangible personal property, such as a car, by paying the lienholder the full amount of the allowed secured claim in a single lump sum.
- BAPCPA added the phrase "in full at the time of redemption" to § 722 (Pub. L. 109-8, title III, § 304(2)), effective 180 days after April 20, 2005 and inapplicable to cases commenced before that date, closing off any argument for redeeming through installment payments.
- The redemption price is the allowed secured claim, which § 506(a)(1) bifurcates at the collateral's value: the vehicle's replacement value under § 506(a)(2) — what a retail merchant would charge given its age and condition — or the remaining balance if that balance happens to be lower.
- Redemption tends to beat reaffirmation when a car's replacement value has fallen well below the loan balance, since paying the lower value in one payment can cost less than reaffirming the full debt.
- The right to redeem cannot be waived before filing, and it's available only for property that has been exempted under § 522 or abandoned by the trustee under § 554.
- Because redemption demands cash a filer often doesn't have on hand, a small niche of short-term redemption loans exists specifically to fund one-time § 722 payoffs.
What is redemption in Chapter 7 bankruptcy?
Redemption is the right of an individual Chapter 7 debtor to keep a piece of secured personal property — most often a car — by paying the lienholder off in one lump sum instead of continuing to make loan payments. It's set out in 11 U.S.C. § 722, and it's one of the small handful of ways a filer can deal with collateral securing a debt the bankruptcy would otherwise discharge. The two mainstream alternatives are reaffirming the debt under § 524(c) or surrendering the property. Whether a filer can instead simply keep paying without reaffirming — the old "ride-through" — has no single national answer: BAPCPA's changes to 11 U.S.C. §§ 521(a)(2), 521(a)(6), and 362(h) closed that route in most states, and California restored a version of it by statute effective January 1, 2023. That question is worked through separately in can you keep your car without reaffirming.
Redemption only reaches "tangible personal property intended primarily for personal, family, or household use" — a car qualifies; real estate and most business equipment don't. The property also has to be either exempted under § 522 or abandoned by the trustee under § 554 before redemption is available.
What does 11 U.S.C. § 722 actually say?
The statute reads:
> "An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under section 522 of this title or has been abandoned under section 554 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption."
Every operative piece of the right to keep a car this way is in that one sentence: what property qualifies (tangible, personal/family/household use), what debt qualifies (a dischargeable consumer debt secured by a lien), what has to happen first (exemption or abandonment), and what has to be paid (the allowed secured claim, in full, at the time of redemption).
Why must redemption be paid in full, not in installments?
Because Congress rewrote the statute to require it. As enacted in 1978, § 722 said what had to be paid but not when, and whether a debtor could redeem over time was litigated for years without a settled national answer. Section 304(2) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 — Pub. L. 109-8, title III, § 304, "Debtor retention of personal property security" — inserted the words "in full at the time of redemption" before the period at the end of § 722. That amendment took effect 180 days after April 20, 2005, and by its own terms does not apply to cases commenced before that date.
That single phrase is the detail a lot of consumer explainers skip, and it matters: redemption is a lump-sum transaction, not a new payment plan. A debtor who can't produce the full allowed secured claim amount at once can't redeem, full stop, regardless of how good their income looks going forward. That gap is also why a small market of short-term redemption loans exists — lenders that advance the payoff amount so a filer can execute a § 722 redemption in one payment, then repay that new loan over time instead of the original one.
How much do you actually have to pay to redeem property?
The redemption price is the allowed secured claim, which in the ordinary case means the property's replacement value rather than what's left on the original loan. The qualifier matters: 11 U.S.C. § 506(a)(1) makes a claim secured only "to the extent of the value" of the creditor's interest in the property and unsecured beyond that, so the allowed secured claim is whichever is lower — the car's value or the remaining balance. Redemption is the cheaper option precisely in the common case where the balance is the higher number. 11 U.S.C. § 506(a)(2) then defines replacement value, for personal property acquired for personal, family, or household purposes, as "the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined" — without any deduction for the cost of selling it. That valuation standard sets the "allowed secured claim" § 722 requires be paid in full.
Redemption isn't automatic. Federal Rule of Bankruptcy Procedure 6008 — restyled effective December 1, 2024 with no substantive change — says that on motion by the debtor, trustee, or debtor in possession, and after a hearing on notice as the court may order, the court may authorize property to be redeemed from a lien. Note what that rule does not do: it doesn't fix a national amount of process. The notice and the hearing are what the court orders, and districts differ in how much they require when the lienholder doesn't contest the valuation. If the debtor and the lender do disagree about what the car is worth, that valuation fight happens in front of the judge.
When does redemption beat reaffirmation?
Redemption tends to make financial sense specifically when a car has depreciated well below what's still owed on it. Reaffirmation under § 524(c) keeps the original loan alive at its original balance — the debtor stays on the hook for the full amount, however much more that is than the car is worth. Redemption caps the payoff at replacement value instead.
As a hypothetical illustration, not a market figure: a car with a $15,000 loan balance but an $8,000 replacement value costs $15,000 total to reaffirm (plus interest going forward) versus $8,000 to redeem, paid once. The tradeoff is that the $8,000 has to be available immediately, in cash or through a redemption loan, while reaffirmation requires no upfront money at all — just a continuing monthly payment. When the loan balance and the car's value are close together, reaffirmation's lack of an upfront lump sum usually makes it the more accessible option, even though the debt itself survives the bankruptcy either way.
How do redemption, reaffirmation, and surrender compare?
| Redeem — § 722 | Reaffirm — § 524(c) | Surrender — § 521(a)(2)(A) | |
|---|---|---|---|
| What you pay | The allowed secured claim — replacement value, or the balance if lower — in one lump sum | The full loan balance, on the existing (or renegotiated) schedule | Nothing further; any deficiency after resale is an unsecured claim, generally discharged unless a § 523 exception applies |
| Personal liability afterward | Ends — the lien is paid off and the debt is gone | Continues — the debt survives discharge like any other obligation | Ends for that property, subject to § 523 exceptions |
| Cash needed | All of it, upfront | None upfront; spread over the remaining loan term | None |
| Court role | Motion under Fed. R. Bankr. P. 6008, then a hearing on notice as the court may order — the amount of process varies by district | Signed agreement filed under § 524(c); a further hearing under § 524(d) if the debtor is unrepresented | Stated in the debtor's statement of intention under § 521(a)(2) |
| Fits best when | Replacement value is well below the loan balance and the cash is available | The balance and the vehicle's value are close, and keeping the original terms works for the budget | The vehicle isn't needed, or the payment no longer fits after the case |
Can the right to redeem be waived?
No. The statute says a debtor may redeem "whether or not the debtor has waived the right to redeem under this section" — language that makes any purported waiver ineffective. A finance contract that includes a clause purporting to waive redemption doesn't stop a debtor from redeeming under § 722 once a Chapter 7 case is filed.
That doesn't mean redemption is available on demand, though. It's still limited to qualifying tangible personal property, still requires the full allowed secured claim paid at once, and still generally runs through a motion under Rule 6008. None of this is legal advice for a specific case — a bankruptcy attorney can confirm a vehicle's likely replacement value and walk through whether redemption, reaffirmation, or surrender fits a particular loan balance and budget.
For how this fits alongside the other options for a financed car in Chapter 7, see can you keep your car without reaffirming and the Chapter 7 car loan pillar page.
Common questions
Does redemption apply in Chapter 13, or only Chapter 7?
Only Chapter 7. Section 722 sits in Subchapter II of Chapter 7, and 11 U.S.C. § 103(b) limits Subchapters I and II of Chapter 7 to cases filed under that chapter. A Chapter 13 filer instead deals with a car loan's secured portion through the plan itself.
What happens if you can't come up with the lump sum to redeem a car?
Redemption fails without full payment at once — there's no statutory installment option under § 722. Filers short on cash sometimes turn to a short-term redemption loan sized to the payoff amount, or fall back to reaffirming the original loan or surrendering the vehicle instead.
Does redemption leave any debt behind the way surrender sometimes does?
No. Redemption pays off the lien entirely, so there's no leftover secured debt on that property afterward. Surrender, by contrast, can leave a deficiency if the resale value doesn't cover the balance — though that deficiency is typically unsecured debt eligible for discharge.
Do you need the court's approval to redeem property?
Usually. Federal Rule of Bankruptcy Procedure 6008 provides that on motion by the debtor, trustee, or debtor in possession, and after a hearing on notice as the court may order, the court may authorize property to be redeemed from a lien. The rule is permissive on its face and leaves the notice and hearing to the court, so how much process a redemption actually takes is set by the district's local rules and the judge's own procedures rather than by one national standard.
Is a house eligible for redemption under § 722?
No. Section 722 covers only tangible personal property intended primarily for personal, family, or household use — a car, furniture, appliances. Real estate isn't tangible personal property, so a home mortgage isn't reached by this statute.
Sources
- 11 U.S.C. § 722 - Redemption — Cornell Law School Legal Information Institute
- 11 U.S.C. § 506 - Determination of Secured Status — Cornell Law School Legal Information Institute
- 11 U.S.C. § 524 - Effect of Discharge — Cornell Law School Legal Information Institute
- Federal Rule of Bankruptcy Procedure 6008 - Redeeming Property from a Lien or a Sale to Enforce a Lien (as amended Apr. 2, 2024, eff. Dec. 1, 2024) — Cornell Law School Legal Information Institute
- 11 U.S.C. § 103 - Applicability of Chapters — Cornell Law School Legal Information Institute
- 11 U.S.C. § 521 - Debtor's Duties — Cornell Law School Legal Information Institute