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IN RE MILLER

No. 08-30601.

570 F.3d 633 (2009)

In the Matter of: Joseph L. MILLER, II; Shelley L. Miller, Debtors. DaimlerChrysler Financial Services Americas, LLC, Appellant, v. Joseph L. Miller, II; Shelly L. Miller; Keith A. Rodriguez, Appellees.

United States Court of Appeals, Fifth Circuit.

June 5, 2009.

Attorney(s) appearing for the Case

Stephen P. Hale (argued), Jacob Zweig, Hale, Dewey & Knight, Memphis, TX, for Appellant.

Gerald James Breaux, Lake Charles, LA, for Joseph L. Miller, II and Shelley L. Miller.

Hamilton Joseph Chauvin, Jr. (argued), Lafayette, LA, for Keith A. Rodriguez.

Carey Dalton Ebert, Ebert Law Offices, Hurst, TX, for National Ass'n of Consumer Bankruptcy Attys., Amicus Curiae.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Joseph Miller ("Miller") and his wife, Shelley Miller, filed a chapter 13 bankruptcy petition and proposed to surrender their vehicle in full satisfaction of the remaining debt to DaimlerChrysler ("DC"), which opposed the bankruptcy plan. The bankruptcy court confirmed the plan, and DC appealed directly to this court. We reverse and remand.

I.

Miller entered into a contract with a dealership for the purchase of a vehicle...

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