Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Individual Debtors Chapter 11 Plan Of Reorganization Form. This is a California form and can be use in USBC Central Federal.
Loading PDF...
Tags: Individual Debtors Chapter 11 Plan Of Reorganization, F 2081-1.PLAN, California Federal, USBC Central
Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Individual appearing without attorney Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION** In re: CASE NO.: CHAPTER: 11 DIVISION INDIVIDUAL DEBTOR'S CHAPTER 11 PLAN OF REORGANIZATION DATE: TIME: COURTROOM: PLACE: Debtor(s). This plan of reorganization (the Plan) under chapter 11 of the Bankruptcy Code provides for restructuring of the debts of the above-named Debtor. If confirmed, the Plan will bind all creditors provided for in the Plan, whether or not they file a proof of claim, accept the Plan, object to confirmation, or have their claims allowed. All Creditors should refer to Articles IIV of this Plan for the precise treatment of their claims. A disclosure statement (the Disclosure Statement) that provides additional information is being served with this Plan. The Disclosure Statement is explanatory only; the language used in the Plan is binding. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one. Article I Treatment of Unclassified Claims Under § 1123(a)(1)(i) administrative expense claims allowed under § 503(b) and entitled to priority under § 507(a)(2) (including the claims of professionals, United States trustee fees, and postpetition domestic support obligations; (ii) involuntary gap period claims under § 507(a)(3); and (iii) priority tax claims under § 507(a)(8) are not classified and are not entitled to vote on confirmation of the Plan. These claims shall be treated as follows: This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 2081-1.PLAN A. Professional Fees. Professional fees may only be paid upon application to and approval by the court. The Debtor will pay professional fees in full in cash on the later of (i) the Effective Date or (ii) upon court order, except to the extent that a holder of such claim agrees to other terms. B. Other Administrative Claims. The Debtor will pay other claims allowed under § 503(b) and entitled to 1 priority under § 507(a)(2), including domestic support obligations arising postpetition and United States trustee fees, in full on the Effective Date (although expenses arising and paid in the ordinary course of Debtor's financial affairs may be 2 paid as due), except to the extent that a holder of these claims agrees to other terms. C. Tax Claims. The Debtor will pay claims entitled to priority under § 507(a)(8) in full over time with _______% interest in equal amortized payments in accordance with § 511. Payments will be made quarterly, due on the first day of the quarter, starting on the first such date after the Effective Date and ending on the last such date that is no more than 3 5 years after the entry of the order for relief. D. Involuntary Gap Period Claims pursuant to § 507(a)(3). The Debtor will pay claims allowed under § 502(f) in full on, or as soon as practicable after, the Effective Date except to the extent a holder of such claim agrees to other 4 terms. Article II Classification and Treatment of Claims Classes 1(a)-(e): Priority Claims. These impaired classes include allowed unsecured claims entitled to priority under § 507 (except administrative claims under § 507(a)(2), involuntary gap period claims under § 507(a)(3) and priority tax claims under § 507(a)(8), which are unclassified and treated in Article I). For instructions on voting, see Part 2 of the Disclosure Statement. If any Class does not vote to accept the Plan, then each claim in the non-accepting class will be paid in full on the Effective Date (except to the extent a holder of a claim in the class agrees to other terms). Creditors in Class 1 are treated as follows (Check each box that applies): Debtor has no creditors in Class 1 Class 1(a): Unsecured domestic support obligation claims entitled to priority under § 507(a)(1). Debtor proposes to pay each claim in Class 1(a) in full over years, with _______% postconfirmation interest. Payments will be made in equal monthly quarterly amortized installments, due on the first day of each calendar monthly quarterly, starting on the first such date after the Effective Date. This class is impaired and entitled to vote on confirmation of the Plan. Class 1(b): Wage and commission claims entitled to priority under § 507(a)(4). The Debtor proposes to pay each claim in Class 1(b) in full over years, with _______% postconfirmation interest. Payments will be made in equal monthly quarterly amortized installments, due on the first day of each calendar [month][quarter], starting on the first such date after the Effective Date. This class is impaired and entitled to vote on confirmation of the Plan. Class 1(c): Employee benefit plan contribution claims entitled to priority under § 507(a)(5). The Debtor proposes to pay each claim in Class 1(c) in full over years, with _______% postconfirmation interest. Payments will be made in equal monthly quarterly amortized installments, due on the first day of each calendar month quarter, starting on the first such date after the Effective Date. This class is impaired and entitled to vote on confirmation of the Plan. 1 2 3 Section 1129(a)(14) requires payment of all domestic support obligations arising postpetition. Section 1129(a)(9)(A) requires payment in full of administrative expenses on the Effective Date. Payment of priority tax claims in full within 5 years of the petition date and on terms not less favorable than those accorded the most favored nonpriority creditor is required by § 1129(a)(9)(C) IF THE ABSOLUTE PRIORITY RULE APPLIES AND CLASS 6(B) VOTES TO REJECT THE PLAN, ADD THE FOLLOWING: "Accordingly, if Class 6(b) votes to reject the Plan and is paid in full over time, tax priority claimants will receive an interest rate of ______% and maturity on ______. This treatment is at least as favorable as that received by Class 6(b)." This treatment is required by § 1129(a)(9)(A). This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 2 4 F 2081-1.PLAN Class 1(d): Grain producer and fisherman claims entitled to priority under § 507(a)(6). The Debtor proposes to pay each claim in Class 1(d) in full over years, with _______% postconfirmation interest. Payments will be made in eq