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Order Confirming Chapter 13 Plan Form. This is a California form and can be use in USBC Central Federal.
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Tags: Order Confirming Chapter 13 Plan, F 3015-1.03.ORDER.CNFRM.CH13.PLAN, California Federal, USBC Central
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. * The term 223Debtor224 refers to both debtor spouses in a joint bankruptcy case. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.Attorney or Party Name, Address, Telephone & FAX Numbers, State Bar Number & Email Address Chapter 13 Trustee FOR COURT USE ONLY UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA 226 NAME OF DIVISION In re: CASE NUMBER: ORDER CONFIRMING CHAPTER 13 PLAN DATE: TIME: COURTROOM: ADDRESS: Debtor(s). on (date) , docket number . The Plan was served on the creditors pursuant to FRBP 3015. Debtor* appeared and was examined at a meeting of creditors conducted pursuant to 11 U.S.C. 247 341(a). The cA. Debtor222s Monthly Plan payments will commence on and continue on that day of the month for months. These payments shall be: Payments by Debtor of $ per month for months 1 through . Payments by Debtor of $ per month for months through . Payments by Debtor of $ per month for months through . Continuation of payment schedule attached. American LegalNet, Inc. www.FormsWorkFlow.com This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2017 Page 2 F 3015-1.03.ORDER.CNFRM.CH13.PLAN B. This is a Fixed Percentage Plan. Claims in Classes 1 through 4 and 7 will be paid pursuant to the Order of Payments of Claims set forth below. After these payments are completed, nonpriority unsecured claims that are not separately classified (Class 5) will be paid pro rata % of the total amount of these allowed claims. C. This is a Pot Plan. Debtor will pay a total sum of $ to the Chapter 13 Trustee (Trustee). After payments required to be made to Claims in Classes 1 through 4 and 7, this sum is estimated to pay % to Class 5 nonpriority unsecured creditors. D. This is a Residual Plan. After payments required to be made to Claims in Classes 1 through 4 and 7, this is estimated to pay % to Class 5 nonpriority unsecured creditors. E. Income Tax Refunds All Debtors will provide to the Chapter 13 Trustee a copy of each income tax return filed during the Plan term within 14 days of filing the return. Debtor must turn over to the Chapter 13 Trustee all tax refunds in excess of $500.00 received during the Plan term. This is a 100% Plan. Unless the Plan is modified to a lower percentage, Debtor may retain tax refunds. II. ORDER OF PAYMENT OF CLAIMS Unless modified by Part III.E of this Order, the Chapter 13 Trustee must make payments on claims as set forth in Section II.A of the Plan. III. OTHER PROVISIONS A. Lien Avoidance 1. The Plan provides (in Section IV.A.) that Debtor will request the court to value property or avoid liens of creditors under 11 U.S.C. 247 506 by separate motion(s). This court has issued order(s) on such motion(s). The affected liens are identified in Attachment A. Unless otherwise ordered by this court, the effective date on which such liens will be avoided is the date of completion of all Plan payments. 2. The Plan utilizes Section IV.C to modify secured claims and liens without a separate motion and serves as the motion to value the real or personal property and avoid liens and security interests of creditors. See Attachment B for valuation and avoidance of liens under 11 U.S.C 247 506. 3. The Plan utilizes Section IV.C to avoid judicial liens or nonpossessory, nonpurchase-money security interests of creditors on real or personal property under 11 U.S.C 247 522(f). See Attachment C for avoidance of real property judicial liens. See Attachment D for avoidance of judicial liens and nonpossessory, nonpurchase-money security interests of creditors on personal property. B. Surrender of Collateral and Automatic Stay Termination The following collateral is surrendered to secured creditors and the automatic stay provisions of 11 U.S.C. 247 362(a) are terminated as to the collateral only, and the co-debtor stay under 11 U.S.C. 2471301 is terminated in all respects, upon entry of this order. COLLATERAL SECURED CREDITOR a. b. c. American LegalNet, Inc. www.FormsWorkFlow.com This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2017 Page 3 F 3015-1.03.ORDER.CNFRM.CH13.PLAN C. Attorney222s Fees 1. Attorney for Debtor is employed under the Rights and Responsibility Agreement (RARA) and is awarded Base Fees of $ . Having received $ , Attorney for Debtor is entitled to a payment of $ from the bankruptcy estate on account of such Base Fees. 2. Attorney for Debtor is employed on an hourly fee contract. All fee awards shall be by separate order. D. The Chapter 13 Trustee is authorized to make payment to creditors holding allowed secured claims based on the Plan. However, the amounts listed on a proof of claim for an allowed secured claim control over any contrary amounts listed in the Plan as to the current installment payment and arrearage unless otherwise ordered by the court. Also, any determination in the Plan or by separate motion made under FRBP 3012 about the amount of a secured claim is binding on the creditor holding the claim, even if the holder files a contrary proof of claim, regardless of whether an objection to claim has been filed. If relief from the automatic stay is ordered as to a secured creditor on certain collateral, then all payments under the Plan to the secured creditor as to that collateral will cease. E. The following modifications to the Plan have been agreed to by the Chapter 13 Trustee, and/or a creditor if applicable, and Debtor, or have been ordered by the court at the Plan confirmation hearing: F. Revesting Property Property of the bankruptcy estate will not revest in Debtor until such time as a discharge is granted or the case is dismissed or closed without discharge. Revesting will be subject to all liens and encumbrances in existence when the case was filed, except those liens avoided by court order or extinguished by operation of law. In the event the case is converted to a case under Chapter 7, 11, or 12 of the Bankruptcy Code, the property of the estate will vest in accordance with applicable law. After confirmation of this Plan, the Chapter 13 Trustee will have no further authority or fiduciary duty regarding use, sale, or refinance of property of the estate except to respond to any motion for proposed use, sale, or refinance as required by the LBRs. Before any discharge or dismissal, Debtor must seek approval of the court to purchase, sell, or refinance real property. ### American LegalNet, Inc. www.FormsWorkFlow.com