22 B 5968
Debtor sought to modify his chapter 13 plan to provide for surrender of a motor vehicle. The chapter 13 Trustee objected based on the reasoning set forth in In re Nolan, 232 F.3d 528 (6th Cir. 2000). HELD: Debtor’s proposed plan falls within the four types of modifications permitted by 11 U.S.C. § 1329(a). Section 1329(a) permits surrender as a plan modification. Moreover, the modified plan would satisfy the requirements of § 1329(b)(1). Nolan is not binding authority, and the court does not find its reasoning to be persuasive. Debtor’s motion to modify plan is granted.
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Monday, November 27, 2023