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2026-07-06 09:52:37 -04:00

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LegalText 11 U.S.C. § 722 Redemption us united_states_code code_section 11 BANKRUPTCY 7 LIQUIDATION 722 11 U.S.C. § 722 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip /us/usc/t11/s722 data/legal/raw/us/code/title-11/usc11.xml e17c5490e36b09f54eda847cba303ed4d2692197b23ac8660d3f82f49a388e45 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 4c8776b00f8a89a3fbacfde66aa91c7b50963cd80d8cf0e08dd6e41dad4a196a 2026-07-04 official
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11 U.S.C. § 722 - Redemption

Text

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.

(Pub. L. 95598, Nov. 6, 1978, 92 Stat. 2606; Pub. L. 1098, title III, § 304(2), Apr. 20, 2005, 119 Stat. 79.)

Notes

Historical and Revision Notes

legislative statementsSection 722 of the House amendment adopts the position taken in H.R. 8200 as passed by the House and rejects the alternative contained in section 722 of the Senate amendment.

senate report no. 95989This section is new and is broader than rights of redemption under the Uniform Commercial Code. It authorizes an individual debtor to redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a nonpurchase money dischargeable consumer debt. It applies only if the debtors interest in the property is exempt or has been abandoned. This right to redeem is a very substantial change from current law. To prevent abuses such as may occur when the debtor deliberately allows the property to depreciate in value, the debtor will be required to pay the fair market value of the goods or the amount of the claim if the claim is less. The right is personal to the debtor and not assignable.

house report no. 95595This section is new and is broader than rights of redemption under the Uniform Commercial Code. It authorizes an individual debtor to redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt. It applies only if the debtors interest in the property is exempt or has been abandoned. The right to redeem extends to the whole of the property, not just the debtors exempt interest in it. Thus, for example, if a debtor owned a $2,000 car, subject to a $1,200 lien, the debtor could exempt his $800 interest in the car. The debtor is permitted a $1,500 exemption in a car, proposed 11 U.S.C. 522(d)(2). This section permits him to pay the holder of the lien $1,200 and redeem the entire car, not just the remaining $700 of his exemption. The redemption is accomplished by paying the holder of the lien the amount of the allowed claim secured by the lien. The provision amounts to a right of first refusal for the debtor in consumer goods that might otherwise be repossessed. The right of redemption under this section is not waivable.

Editorial Notes

Amendments2005—Pub. L. 1098 inserted “in full at the time of redemption” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 AmendmentAmendment by Pub. L. 1098 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 1098, set out as a note under section 101 of this title.