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Chapter 13 Narrative Statement Of Plan Form. This is a Arkansas form and can be use in USBC Eastern And Western Federal.
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Tags: Chapter 13 Narrative Statement Of Plan, Arkansas Federal, USBC Eastern And Western
UNITED STATES BANKRUPTCY COURT
EASTERN AND WESTERN DISTRICTS OF ARKANSAS
DIVISION
Hot Springs
RE:
CASE NO:
Chapter 13
CHAPTER 13 NARRATIVE STATEMENT OF PLAN
PAYMENT TO THE TRUSTEE: Shall be made from the debtor’s employer as set forth below:
DEBTOR PROPPOSES TO PAY $ ______________ PER MONTH TO THE TRUSTEE.
Name of Employer
Address
Phone Number
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Indicate how often you are paid by checking the appropriate box below:
Weekly
Bi-Weekly
Semi-Monthly
Monthly
Other (Please specify) _________
THE FIRST PAYMENT WILL BE RECEIVED BY THE TRUSTEE WITHIN THIRTY (30) DAYS
FROM THE DATE OF THE FILING OF THE PETITION.
PLAN LENGTH:
The debtor proposes to pay all disposable income into the plan for the benefit of creditors for not less than the
applicable commitment period (unless unsecured are being paid 100%). The plan length shall not exceed 60
months.
The debtor’s plan length is _________ months.
I. ADMINISTRATIVE COSTS:
1) TRUSTEE’S FEES AND EXPENSES
2) ATTORNEY’S FEES – The attorney fee is subject to approval by separate application.
Amount to be paid through the plan: $___________
Amount paid to attorney prior to filing: $___________
II. CHILD SUPPORT
REGULAR PAYMENT: (Check the appropriate box)
The Debtor has no child support obligations.
The regular monthly support payment shall be paid by the debtor directly.
The regular monthly support payment of $__________ shall be paid through the plan.
ARREARAGE PAYMENT: The total back child support is $_________ and shall be paid through the
plan at a pro rata monthly amount.
DOMESTIC SUPPORT OBLIGATIONS (DSO)
CHILD SUPPORT RECIPIENT:
Name: _____________________________________________________________________________________
Address: ___________________________________________________________________________________
Telephone Number: __________________________________________________________________________
Party to whom child support is paid (if different from recipient): ________________________________________
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III. LONG TERM DEBTS:
The following debts will extend beyond the length of the plan. During the plan, the Trustee is to pay the regular,
continuing monthly contract payment. If the claim is already in default, the Trustee will pay an additional sum
each month until the default has been cured, in accordance with 11 U.S.C. 1322(b)(5). Upon completion of the
plan, the debtor will resume payments on such claims pursuant to the terms of the original agreement. The regular
monthly payment of the Debtor’s principal residence will be paid each month by the Trustee prior to other secured
or unsecured claims.
CREDITOR
REG PAYMENT
ARREARAGE
AMOUNT PER MONTH
TO CURE ARREARAGE
IV. SECURED DEBTS WHICH WILL NOT EXTEND BEYOND THE LENGTH OF THE PLAN:
Until such time as the plan is confirmed, the Debtor’s plan payment to the Trustee will be allocated to pay
adequate protection payments to the following creditors, holding an allowed claim secured by personal property to
the extent that the claim is attributable to the purchase of such property. With respect to such claim, if no adequate
protection payment is designated below, the adequate protection payment shall be the amount of the proposed plan
payment.
Secured creditors, who will retain their liens and be paid the value of their collateral or the amount of their debt,
whichever is less, shall be paid as follows:
CREDITOR
DEBT
VALUE
INT.
RATE*
MONTHLY
PAYMENT
ADEQUATE
PROTECTION
MONTHLY
PAYMENT
ADEQUATE
PROTECTION
INTEREST IF
APPLICABLE
**
* If this space is left blank, no interest is to be paid.
** Over Secured Creditors only and must specify contract rate.
ANY AMOUNT CLAIMED BY THE CREDITOR THAT EXCEEDS THE VALUE OF THE
COLLATERAL WILL BE TREATED AS A NONPRIORITY UNSECURED CLAIM.
V. PMSI Secured Claims to which §506 Valuation is Not Applicable:
CREDITOR
DEBT
VALUE
INT. RATE
MONTHLY
PAYMENT
ADEQUATE
PROTECTION
MONTHLY
PAYMENT
VI. PROPERTY TO BE SURRENDERED:
The following are creditors to whom the Debtor surrenders the property securing the claim in accordance with 11
U.S.C. 1325(a)(5)(C). No further payments are to be made to the creditor on the secured claim; however, the
creditor may file a claim for the deficiency and it will be treated as a non-priority unsecured creditor.
CREDITOR
DESCRIPTION OF PROPERTY
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VII. PRIORITY DEBTS: Priority debts shall be paid in full in accordance with 11 U.S.C. 1322(a)(2), unless
otherwise indicated in this plan.
VIII. UNSECURED DEBTS:
CLAIMS SHALL BE PAID 100% UNLESS A DIFFERENT TREATMENT IS INDICATED BELOW:
Unsecured creditors shall be paid a definite percentage of their claims as filed and allowed by the court.
That percentage is ____%.
Unsecured creditors shall receive $_____________________ to be disbursed in accordance with §1322
and §1325.
Unsecured creditors shall receive a pro rata dividend from funds remaining after payment of
administrative, long term secure/unsecured, secured, priority, child support and special non-priority
unsecured claims and the debtor shall pay all projected disposable income into the plan for the benefit of
creditors.
IX. SPECIAL NONPRIORITY UNSECURED DEBTS:
The following consumer debts shall be paid prior to other unsecured debts. The reason for this special treatment is
stated below. Claims shall be paid in full (100%) unless a different treatment is indicated.
CREDITOR
DEBT
INTEREST
RATE *
MONTHLY
PAYMENT
REASON
*If space is left blank, no interest is to be paid.
X. DEBTS WHICH ARE NOT TO BE PAID BY THE TRUSTEE:
The only debts which may be paid directly are:
1)
2)
3)
4)
the home mortgage, if current;
lease payments, if current;
child support payments per court order;
debts which are actually being paid by someone other than the debtor from property that is not property
of the estate.
CREDITOR
DESCRIPTION OF PROPERTY
NATURE OF OBLIGATION
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XI. EXECUTORY CONTRACTS
The debtor __ assumes or __ rejects the following executory contract or unexpired lease. If rejected, no further
payments are to be made to the creditor on the contract or lease; however, the creditor may file a claim for the
deficiency and will be treated as a non-priority unsecured creditor.
CREDITOR
CONTRACT AND/OR DESCRIPTION OF LEASED PROPERTY
XII. SALE OF ASSETS:
The debtor proposes to sell the described real or personal property, after court approval and notice to creditors and
the trustee, and will commit the proceeds as follows:
XIII. OTHER PROVISIONS:
Other provisions of the plan which are not inconsistent with Title 11 of the U.S.C., pursuant to 11 U.S.C.
1322(b)(10) are as follows:
The property of the estate shall continue to be property of the estate until such time as a discharge is granted or the
case is dismissed. Unless otherwise provided the Debtor shall remain in possession of all property of the estate.
In the event that a secured claim is allowed which is not provided for in the plan, then the Trustee shall pay
such creditor in full after this plan has in all other respects been completed.
Post-Petition claims provided for under 11 U.S.C. §1305 and §1322(b)(6) may be added to the plan by the debtor
and, if the creditor elects to file a Proof of Claim with respect to the post-petition claim, the claim may be treated
as though the claims arose before the commencement of the case, to be paid in full or in part through the plan.
Upon completion of the case, any unpaid balance of such claims may be subject to discharge.
Debtor ________________________________
Attorney for Debtor(s) ___________________________
Debtor ________________________________
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