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Chapter 13 Plan Form. This is a California form and can be use in USBC Central Federal.
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Tags: Chapter 13 Plan, F 3015-1.01.CHAPTER13.PLAN, California Federal, USBC Central
Attorney or Party Name, Address, Telephone & FAX Numbers, State Bar Number & Email Address FOR COURT USE ONLY Debtor appearing without attorney Attorney for Debtor UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - DIVISION List all names (including trade names) used by Debtor within the last 8 years . CASE NUMBER: CHAPTER 13 In re: CHAPTER 13 PLAN Original 1st Amended* 2nd Amended* 3rd Amended* Amended* *list below which sections have been changed: [FRBP 3015(b); LBR 3015-1] 11 U.S.C. SECTION 341(a) CREDITORS 222 MEETING: Date: Time: Address: PLAN CONFIRMATION HEARING: [LBR 3015 - 1(d)] Date: Time: Address: Debtor(s). 223Bankruptcy Code224 and 22311 U.S.C.224 refer to the United States Bankruptcy Code, Title 11 of the United States Code. 223FRBP224 refers to the Federal Rules of Bankruptcy Procedure. 223LBR224 and 223LBRs224 refer to the Local Bankruptcy Rule(s) of this court. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2017 Page 1F 3015-1.01.CHAPTER13.PLAN Part 1: PRELIMINARY INFORMATION TO DEBTOR (the term "Debtor" includes and refers to both spouses as Debtors in a joint bankruptcy case): This Chapter 13 Plan (Plan) sets out options that may be appropriate in some cases, but the presence of an option in this Plan does not indicate that the option is appropriate, or permissible, in your situation. A Plan that does not comply with local rules and judicial rulings may not be confirmable. You should read this Plan carefully and discuss it with your attorney if you have one. If you do not have an attorney, you may wish to consult one. TO ALL CREDITORS: This Plan is proposed by Debtor and your rights may be affected by this Plan. Your claim may be reduced, modified, or eliminated. You should read this Plan carefully and discuss it with your attorney if you have one. If you do not have an attorney, you may wish to consult one. If you oppose this Plan222s treatment of your claim or any provision of this Plan, you or your attorney must file a written objection to confirmation of the Plan at least 14 days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy Court. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed. See FRBP 3015. In addition, you must file a timely proof of claim in order to be paid under any plan. See LBR 3015-1 and FRBP 3002(a). Defaults will be cured using the interest rate set forth below in the Plan. The following matters may be of particular importance to you: Debtor must check one box on each line to state whether or not this Plan includes each of the following items. If an item is checked as 223Not Included,224 if both boxes are checked, or neither box is checked, the item will be ineffective if set out later as a provision in this Plan. 1.1 Valuation of property and avoidance of a lien on property of the bankruptcy estate, set out in Class 3A and/or Section IV (11 U.S.C. 247 506(a) and (d)): Included Not included 1.2 Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set out in Section IV (11 U.S.C. 247 522(f)): Included Not included 1.3 Less than full payment of a domestic support obligation that has been assigned to a governmental unit, pursuant to 11 U.S.C. 2471322(a)(4). This provision requires that payments in Part 2 Section I.A. be for a term of 60 months: Included Not included 1.4 Other Nonstandard Plan provisions, set out in Section IV: Included Not included ALL CREDITORS ARE REQUIRED TO FILE A PROOF OF CLAIM IN ORDER TO HAVE AN ALLOWED CLAIM, EXCEPT AS PROVIDED IN FRBP 3002(a). Debtor, or Attorney for Debtor (if any), are solely responsible to object to a creditor's claim if Debtor deems it necessary. A Debtor whose Plan is confirmed may be eligible thereafter to receive a discharge of debts to the extent specified in 11 U.S.C. 247 1328. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2017 Page 2F 3015-1.01.CHAPTER13.PLAN Part 2: PLAN TERMSDebtor proposes the following Plan terms and makes the following declarations: Section I. PLAN PAYMENT AND LENGTH OF PLAN A.Monthly Plan Payments will begin 30 days from the date the bankruptcy petition was filed. If the payment duedate falls on the 29th, 30th, or 31st day of the month, payment is due on the 1st day of the following month (LBR3015-1(k)(1)(A)).Payments by Debtor of: $ per month for months 1 through totaling $. $ per month for months through totaling . $ per month for months through totaling $. $ per month for months through totaling $. For a total plan length of months totaling $.B.Nonpriority unsecured claims.1.After Class 1 through Class 4 creditors are paid, allowed nonpriority unsecured claims that are notseparately classified (Class 5) will be paid pro rata. If more than one option is checked below, the optionproviding the largest payment will be effective. Check all that apply. a. 223Pot224 plan: The sum of $, estimated to pay % of these claims. b. 223Percentage224 plan: % of the total amount of these claims, for an estimated payment of $. c. 223Residual224 plan: The remaining funds after disbursements have been made to all other creditors provided for in this Plan, estimated to pay $ equivalent to % of these claims. 2.Minimum Plan payments. Regardless of the options checked above, payments on allowed nonpriorityunsecured claims will be made in at least the following amounts: (a) the sum of $,representing the value of non-exempt assets that would have to be paid to nonpriority unsecuredcreditors if the bankruptcy estate of Debtor were liquidated under Chapter 7 (11 U.S.C. 247 1325(a)(3)) and(b)if Debtor has above-median income and otherwise subject to 11 U.S.C. 247 1325(b), the sum of$, representing all disposable income payable for 60 months.C.Regular Plan payments to the Chapter 13 Trustee will be made from future income in the following manner:Check all that apply. Debtor will make Plan payments pursuant to a payroll deduction order. Debtor will make Plan payments directly to the Chapter 13 Trustee. Other (specify method of payment):. D.Income tax refunds. Debtor will provide the Chapter 13 Trustee with a copy of each income tax return filedduring the Plan term within 14 days of filing the return and, unless the Plan provides 100% payment tononpriority unsecured creditors (Class 5), will turn over to the Chapter 13 Trustee all income tax refunds inexcess of $500 received during the Plan term.E.In the event that secured creditor(s) file a Notice of Postpetition Fees and Costs pursuant to FRBP 3002.1(c),the Chapter 13 Trustee is authorized, but not required, to commence paying those charges 90 days after thatnotice is filed, unless within that time the Debtor contests those charges by filing a motion to determine paymentunder FRBP 3002.1(e) or agrees to pay those charges by filing a motion to modify this Plan. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2017 Page 3F 3015-1.01.CHAPTER13.PLAN F.Debtor must make preconfirmation adequate protection payments for any creditor that holds an allowed claimsecured by personal property where such security interest is attributable to the purchase of such property andpreconfirmation payments on leases of personal property whose allowed claim is impaired by the termsproposed in this Plan. Debtor must make preconfirmation adequate protection payments and preconfirmationlease payments to the Chapter 13 Trustee for the following creditor(s) in the following amounts: Creditor/Lessor Name Collateral Description Last 4 Digits of Account # Amount Each adequate protection payment or preconfirmation lease payment will accrue beginning the 30th day from the date of filing of the case. The Chapter 13 Trustee must deduct the foregoing adequate protection payment(s) and/or preconfirmation lease payment from Debtor's Plan Payment and disburse the adequate protection payment or preconfirmation lease payment