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Opinion 433a

Case Name: 

In re Blansett

Judge: 
Judge Thurman
Date: 
Feb-14-2003
Case Number(s): 
00-21397
Status: 

UNPUBLISHED

Body: 

On chapter 13 debtors' motion, the court considered whether debtors could surrender collateral, more than two years post-plan confirmation, in full satisfaction of secured creditor's claim. Adopting the reasoning of Chrysler Fin. Corp. v. Nolan (In re Nolan), 232 F.3d 528 (6th Cir. 2000), the court determined that 11 U.S.C. § 1329(a) does not allow the modification sought by debtors. A confirmed plan is a binding contract between the parties, whether or not the creditor participated in plan confirmation or filed a proof of claim. Although § 1329(a) allows modification of plan payments, it does not allow debtors to change the status of a secured claim in the manner suggested. Debtors motion to modify was denied.

Internal Ref: 
Opinion 433a
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