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Order Confirming Plan Valuing Collateral And Avoiding Liens For Cases Filed On Or After 3-1-01 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 On Or After 3-1-01, EDC 3-081, California Federal, USBC Eastern
1 2 [Name; State Bar ID No.] [Address] [Telephone] 3 Attorney for Debtor/Debtor In Propria Persona 4 5 6 7 8 9 10 11 12 13 14 Therefore, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [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.] IT IS FURTHER ORDERED that the attorney's 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 plan payments at the rate specified EDC 3-081 (Rev. 3/1/01) UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re: ) ) ) ) ) ) ) Case No. Debtor. ORDER CONFIRMING PLAN, VALUING COLLATERAL AND AVOIDING LIENS 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. IT IS ORDERED that the plan is confirmed. IT IS FURTHER ORDERED that: 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; 2. The debtor shall immediately notify the trustee in writing of any termination, reduction of, or other change in the employment of the debtor; and 3. The debtor shall appear in court whenever notified to do so by the court. Page 1 of 2 2002 © American LegalNet, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 in the Guidelines for Payment of Attorneys' Fees in Chapter 13 Cases. IT IS FURTHER ORDERED that, pursuant to 11 U.S.C. § 1323, the plan is amended as follows: 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. 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. DATED: BY THE COURT United States Bankruptcy Judge 23 24 25 26 27 28 EDC 3-081 (Rev. 3/1/01) Approved by the Chapter 13 Trustee as to form. Page 2 of 2 2002 © American LegalNet, Inc.