In Re Holt

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

The debtors move to modify their confirmed chapter 13 plan to provide for the return of a vehicle to the creditor holding a security interest in the vehicle. The creditor, Chrysler Credit Corporation resists the motion, and the return of the property, contending such a modification is not allowed under 11 U.S.C. § 1329. 1

There are two recorded decisions on the issue. In a Bankruptcy Court decision 2 the court allowed a modification to return a vehicle to the secured creditor after confirmation of the chapter 13 plan on the theory the…