CSD 1172 [10/17/05] Name, Address, Telephone No. & I.D. No. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West "F" Street, San Diego, California 92101-6991 In Re BANKRUPTCY NO. §341(a) Mtg. Date: §341(a) Mtg. Time: Debtor. OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN TO THE DEBTOR, THE DEBTOR'S ATTORNEY AND THE CHAPTER 13 TRUSTEE: Thomas H. Billingslea, Jr., Chapter 13 Trustee David L. Skelton, Chapter 13 Trustee, (Insert Name and Complete Mailing Address of Objecting Party) , a creditor in this case, hereby objects to the Confirmation of the Chapter 13 Plan. The basis for the objection is stated below. (NOTE TO OBJECTING PARTY: YOUR STATEMENT OF OBJECTION MUST BE AS SPECIFIC AS POSSIBLE. CHECK ONLY THOSE SECTIONS WHICH ARE APPLICABLE TO YOUR OBJECTION AND PROVIDE AN EXPLANATION OF YOUR OBJECTION WHERE REQUESTED): 1. The Plan discriminates unfairly against the class(es) of unsecured claims because . [§1322(b)(1)] 2. The Plan modifies the rights of a creditor whose claim is secured only by a security interest in real property that is the debtor's principal residence by providing that . [§1322(b)(2)] 3. The Plan fails to provide for the curing of a default and maintenance payments on a secured or unsecured claim on which final payment is due after the proposed final payment under the Plan. [§1322(b)(5)] 4. The Chapter 13 Plan is not proposed in good faith because . [§1325(a)(3)] THIS OBJECTION TO CHAPTER 13 PLAN MUST BE ACCOMPANIED BY A NOTICE OF HEARING PURSUANT TO LOCAL BANKRUPTCY RULE 3015-5 CSD 1172 [Continued on Page 2] American LegalNet, Inc. www.USCourtForms.com CSD 1172 (Page 2) [10/17/05] 5. The debtor is distributing less to the allowed unsecured creditors than they would receive under a Chapter 7 liquidation. [§1325(a)(4)] 6. Objecting creditor has an allowed secured claim and objects because I have not accepted the Plan. [§1325(a)(5)(A)], OR the Plan fails to provide for a retention of lien securing my claim and the value of the property to be distributed to me is less than the allowed amount of my claim. [§1325(a)(5)(B)] Amount of Claim $ Value of Property $ , OR the debtor has failed to surrender to me the property securing my claim. [§1325(a)(5)(C)] 7. The debtor has no ability to make the payments proposed by the Plan because . [§1325(a)(6)] 8. The debtor has failed to apply all projected disposable income to Plan payments for a period of not less than three years. [§1325(b)(1)(B)] 9. The debtor has failed to begin making payments prescribed in the Plan within thirty (30) days of the filing of the Plan. [§1326(a)(1)] 10. Other [cite applicable Code section or case authority]: I have unsuccessfully attempted to resolve our objections at the §341 Meeting. I hereby certify under penalty of perjury that I have this date mailed a true copy of this Objection to Plan to the attorney for the debtor (or the debtor) and to the assigned Chapter 13 trustee as indicated below at the following addresses: Attorney for Debtor (or Debtor: Chapter 13 Trustee (select one): For ODD numbered Chpt. 13 cases: THOMAS H. BILLINGSLEA, JR., TRUSTEE 530 "B" Street, Suite 1500 San Diego, CA 92101 For EVEN numbered Chpt. 13 cases: DAVID L. SKELTON, TRUSTEE 525 "B" Street, Suite 1430 San Diego, CA 92101-4507 DATED: (Signature of (Attorney for) Moving Party) (Please Type or Print Name) (Address) (City, State, ZIP) ( ) (Daytime Phone Number) CSD 1172 American LegalNet, Inc. www.USCourtForms.com