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Order Confirming Plan Valuing Collateral And Avoiding Liens For Cases Filed 4-15-00 To 2-28-01 Form. This is a California form and can be use in USBC Eastern Federal.
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Tags: Order Confirming Plan Valuing Collateral And Avoiding Liens For Cases Filed 4-15-00 To 2-28-01, EDC 3-081, California Federal, USBC Eastern
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[Name; State Bar ID No.]
[Address]
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[Telephone]
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Attorney for Debtor/Debtor In Propria Persona
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UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO AND MODESTO DIVISIONS
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In re
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Debtor(s).
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Case No.
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ORDER CONFIRMING PLAN, VALUING COLLATERAL AND AVOIDING LIENS
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The Chapter 13 plan of the above-named debtor(s) has been
transmitted to all creditors, and it has been determined after
notice and opportunity for a hearing that the debtor(s) plan
satisfies the requirements of 11 U.S.C. § 1325.
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Therefore,
IT IS ORDERED that the plan is confirmed.
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IT IS FURTHER ORDERED that:
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1.
The debtor shall immediately notify, in writing, the
Clerk of the United States Bankruptcy Court and the
trustee of any change in the debtor's address;
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The debtor shall immediately notify the trustee in
writing of any termination, reduction of, or other change
in the employment of the debtor; and
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The debtor shall appear in court whenever notified to do
so by the court.
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[The remaining paragraphs are optional and should be used as
needed.
If a paragraph is not applicable, please delete it.
Delete the underlining once the appropriate information is
inserted.
If additional provisions are necessary, including
provisions requested by a title company in connection with a
section 522(f)(1)(A) motion, you may insert those provisions.]
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IT IS FURTHER ORDERED that the attorney fees for the debtor's
attorney in the full amount of $
are approved, $
of which was paid prior to the filing of the petition. The
balance of $
, provided that the attorney and debtor have
executed and filed a “Rights and Responsibilities of Chapter 13
Debtors and Their Attorneys,” shall be paid by the trustee from
EDC 3-081 (Rev. 4/15/00)
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2001 © American LegalNet, Inc.
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plan payments at the rate specified in the Guidelines for Payment
of Attorneys' Fees in Chapter 13 Cases.
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IT IS FURTHER ORDERED that, pursuant to 11 U.S.C. § 1323, the
plan is amended as follows:
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IT IS FURTHER ORDERED that the motion to avoid the lien of
is granted. Such lien is a nonpossessory, nonpurchase money lien that impairs the exemption of
the debtor in property of the debtor described as:
. Unless the debtor's bankruptcy case
is dismissed, the lien of the such creditor is hereby extinguished
and the lien shall not survive bankruptcy or affix to or remain
enforceable against the aforementioned property of the debtor.
IT IS FURTHER ORDERED that the motion to avoid the lien of
is granted. Such lien is a judicial
lien that impairs the exemption of the debtor in property of the
debtor described as:
. Unless the debtor's
bankruptcy case is dismissed, the lien of the such creditor is
hereby extinguished and the lien shall not survive bankruptcy or
affix to or remain enforceable against the aforementioned property
of the debtor.
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IT IS FURTHER ORDERED that the motion to value the collateral
of
is granted. The replacement value of
the collateral and the secured claim of such creditor is determined
to be $
and the deficiency shall be allowed as a general
unsecured claim.
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DATED:
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BY THE COURT
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United States Bankruptcy Judge
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Approved as to form by
Chapter 13 Trustee (check
R. Greer
J. Johnson
L. Loheit
EDC 3-081 (Rev. 4/15/00)
one):
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2001 © American LegalNet, Inc.
