Read the following excerpt from a US court opinion:
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rights “should be valued as an inherent part of his property interest”). We are persuaded that the first line of cases correctly interprets the statute. This interpretation gives meaning to both sentences of § 506(a), and enables bankruptcy courts to exercise the flexibility Congress intended. By retaining collateral, a Chapter 11 debtor is ensuring that the very event Winthrop proposes to use to value the property — a foreclosure sale — will not take place. At the same time, the debtor should not be heard to argue that, in valuing the collateral, the court should disregard the very event that, according to the debtor’s plan, will take place — namely, the debtor’s use of the collateral to generate an income stream. In ordinary circumstances the present value of the income strea 993) ; In re Green, 151 B.R. 501 (Bankr.D.Minn.1993)
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What is the most suitable continuation to the opinion? Your options are:
A. holding that for chapter 12 plan confirmation purposes hypothetical costs should not be deducted from fair market value in valuing collateral to be retained by debt or
B. holding parties negotiated price of vehicle was evidence of market value as represented
C. holding that truck to be retained by chapter 13 debtor must be valued at replacement cost to debtor because foreclosure value fails to account for debtors proposed use of collateral
D. holding that motor vehicle to be retained by chapter 13 debtor should be valued at the price the debtor could get for it in a free and open market ie its fair market value
E. holding that for chapter 12 plan confirmation purposes hypothetical costs should not be deducted from fair market value in valuing collateral to be retained by debtor
Reply with [A, B, C, D, E] only.