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Order Confirming Plan Valuing Collateral And Avoiding Liens For Cases Filed On Or After 7-1-03 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 7-1-03, EDC 3-081-03, 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
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In re:
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Debtor.
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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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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
3.
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’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
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EDC 3-081-03 (Rev. 5/22/08)
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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.
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 provided that a timely proof
of claim is filed.
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Approved by the Chapter 13
Trustee as to form.
Dated:
BY THE COURT
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United States Bankruptcy Judge
EDC 3-081-03 (Rev. 5/22/08)
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