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In re Shawn P. Cooke

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.

Monday, November 27, 2023