In Re: Matthew Adkins, Debtor. David Wm. Ruskin, Trustee v. Daimlerchrysler Services North America, L.L.C., (Creditor)

DISSENT

Because I do not believe that Nolan is controlling in this instance, I respectfully dissent. In Nolan, we held that a Chapter 13 debtor cannot modify a confirmed plan under 11 U.S.C. § 1329(a) by voluntarily surrendering the property securing the debt to the creditor, requiring the creditor sell that collateral and apply the sale proceeds toward its secured claim, and classifying any deficiency as an unsecured claim. Chrysler Fin. Corp. v. Nolan (In re Nolan), 232 F.3d 528, 535 (6th Cir.2000). Our decision in Nolan was motivated by our belief that debtors should not have “wide latitude…