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Chapter 13 Plan Form. This is a Colorado form and can be use in Bankruptcy Court Federal.
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Tags: Chapter 13 Plan, LFB 315.1, Colorado Federal, Bankruptcy Court
Exhibit D
Local Bankruptcy Form 315.1, 13 Plan
[Caption as in Bankruptcy Official Form No. 16B]
Chapter 13 Plan
________________________
(Date of Plan)
I. PLAN ANALYSIS
A. TOTAL DEBT PROVIDED FOR UNDER THE PLAN AND ADMINISTRATIVE EXPENSES
1. Total Priority Claims (Class One)
a. Unpaid attorney's fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Total attorney's fees are estimated to be $
of which $
has been prepaid.
b. Unpaid attorney’s costs (estimated) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
c. Total Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Federal:____________ ; State:_____________
d. Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
2. Total of payments to cure defaults (Class Two) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
3. Total payment on secured claims (Class Three) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
4. Total of payments on unsecured claims (Class Four) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
5. Sub-total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
6. Total trustee's compensation (10% of debtor's payments) . . . . . . . . . . . . . . . . . . . . . . . . . . . $
7. Total debt and administrative expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
B. RECONCILIATION WITH CHAPTER 7
1. Assets available to Class Four unsecured creditors if Chapter 7 filed
a. Value of debtor's interest in non-exempt property . . . . . . . . . . . . . . . . . . . . . . . . . $
Property
FMV
less Costs
of Sale
less Liens
X Debtor’s
Interest
less
Exemptions
= Net Value
b. Plus: value of property recoverable under avoiding powers . . . . . . . . . . . . . . . . . .
c. Less: estimated Chapter 7 administrative expenses . . . . . . . . . . . . . . . . . . . . . . . .
d. Less: amounts payable to priority creditors other than
costs of administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e. Equals: estimated amount payable to Class Four
creditors if Chapter 7 filed (if negative, enter zero) . . . . . . . . . . . . . . . . . . . . . . .
2. Estimated payment to Class Four unsecured creditors under the Chapter 13 Plan . . . . . . . .
plus any funds recovered from “other property” described in Section II.A.3 below.
$
$
$
$
$
II. PROPERTIES AND FUTURE EARNINGS SUBJECT TO THE SUPERVISION AND CONTROL OF THE TRUSTEE
A. The debtor submits to the supervision and control of the Trustee all or such portion of the debtor's future earnings
or other future income as is necessary for the execution of the Plan, including:
1. Future earnings of $
per month which shall be paid to the trustee for a period of
approximately
months, beginning
, 20
.
2. Amounts necessary for the payment of Class Five post-petition claims: $
.
3. Other property (specify):
.
B. Debtor agrees to make payments under the Plan as follows:
GVOLUNTARY WAGE ASSIGNMENT TO EMPLOYER:
(Employer’s Name, address, telephone number)
G DIRECT PAYMENT: From Debtor to Trustee
________________________________________________
________________________________________________
________________________________________________
(____)___________________________________________
Paid in the following manner:
$
to be deducted ______________ (weekly, monthly, per pay period, etc.)
III. CLASSIFICATION AND TREATMENT OF CLAIMS
A. Class One -- Claims entitled to priority under § 507, Title 11, United States Code. Unless other provision is
made in paragraph III(C), each creditor in Class One shall be paid in full in deferred cash payments prior to the commencement
of distributions to any other class (except that the payments to the Trustee shall be made by deduction from each payment made
by the debtor to the Trustee) as follows:
1. Allowed administrative expenses
(a) Trustee's compensation (10% of amounts paid by debtor under this Plan) . . . . . . . . . . . . $
(b) Attorney's Fees (estimated and subject to allowance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(c) Attorney's Costs (estimated and subject to allowance) . . . . . . . . . . . . . . . . . . . . . . . . . . . $
2. Federal Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
3. State Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
4. Other Taxes (describe)________________________________________ . . . . . . . . . . . . . . . . . . . . . $
5. Other Class One Claims (if any) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
[ ]
None
[ ]
in the total
Priority support arrearage: Debtor owes past due support to
amount of $______________ that will be paid as follows:
[ ]
Distributed by the Trustee pursuant to the terms of the Plan; or
[
Debtor is making monthly payments via a wage order [ ] or directly [ ] (reflected on
to
. Of that monthly
Schedule I or J) in the amount of $
amount, $
is for current support payments and $
is to
pay the arrearage.
Other:
]
[ ]
B. Class Two -- Defaults
1.
[
Class Two A (if none, indicate) -- Claims set forth below are secured only by an interest in real
property that is the debtor's principal residence. Defaults shall be cured and regular payments shall be
made.
]
None
Creditor
2.
1
Total Default
Amount to be
Cured1
Interest
Rate
Total Amount
to Cure
Arrearage
No. of
Months to
Cure
Regular Payment per ___ (i.e.
month, week, etc.) to be Made
Directly to Creditor and Date
of First Payment
Class Two B (if none, indicate) –Pursuant to 11 U.S.C. §1322(b)(5), secured (other than claims
secured only by an interest in real property that is the debtor's principal residence) or unsecured claims
set forth below on which the last payment is due after the date on which the final payment under the
Plan is due. Defaults shall be cured and regular payments shall be made:
The lesser of this amount or the amount specified in the Proof of Claim.
[
]
None
Creditor
3.
Collateral
Total Default
Amount to be
Cured1
Interest
Rate
Total Amount to
Cure Arrearage
No. of
Months
to Cure
Regular Payment per ___ (i.e.
month, week, etc.) to be Made
Directly to Creditor and Date
of First Payment
Class Two C – Executory contracts and unexpired leases. Executory contracts and unexpired leases are
rejected, except the following which are assumed:
Other Party to Lease or
Contract
Property, if any, Subject to the
Contract or Lease
Total Amount to
Cure, if any
No. of Months
to Cure
Regular Monthly
Payment Made Directly to
Creditor and Date of First
Payment
In the event that debtor rejects the lease or contract, creditor shall file a proof of claim or amended proof of claim
reflecting the rejection of the lease or contract within 30 days of the entry of the order confirming this plan, failing which the
claim may be barred.
C. Class Three -- All other allowed secured claims (other than those designated in Classes 2A and 2B above)
shall be divided into separate classes and provided for as follows:
1.
Creditor
The following creditors shall retain the liens securing their claims, and they shall be paid the amount
specified which represents the lesser of:
(A)
the value of their collateral or
(B)
the remaining balance payable on the debt over the period required to pay the sum in
full.
Specify Treatment
(select A or B
above)
Description of
Collateral
Fair Market
Value of
Collateral
Amount of
Debt as
Scheduled
Interest
Rate
Total
Amount
Payable
If debtor is proposing to modify the rights of a secured creditor, debtor must specifically serve such creditor in the
manner specified in Fed.R.Bankr.P. 9014 and 7004.
2.
The debtor surrenders the following property securing an allowed secured claim to the holder of such claim:
Creditor
Property
Anticipated Date of Surrender
Relief from the automatic stay to permit enforcement of the liens encumbering surrendered property shall be deemed
granted by the Court at the time of confirmation of this Plan. With respect to property surrendered, no distribution on the
creditor’s claim shall be made unless that creditor shall file a proof of claim or an amended proof of claim to take into account
the surrender of the property.
3. Adequate Protection: The following creditor(s) shall receive payments in the nature of adequate protection as
follows:
Creditor
[ ]
Collateral
Adequate Protection
Payment Paid Through
the Trustee
Adequate Protection
Payment Paid By the
Debtor(s)
Number of Months
Until Regular
Payments Under Plan
None
D. Class Four -- Allowed unsecured claims not otherwise referred to in the Plan. Class Four Claims are
provided for as follows (check one):
1.
[ ] Class Four claims are of one class and shall be paid pro rata
% of such claims (or shall share pro
) and shall be paid all funds remaining after payment by the Trustee of all
rata the sum of $
prior classes; or
2.
[ ] Class Four claims are divided into more than one class as follows:
E. Class Five -- Post-petition claims allowed under § 1305, Title 11, United States Code. Post-petition claims
allowed under § 1305 shall be paid as follows:
.
[ ]
None
IV. OTHER PROVISIONS
A. Payment will be made directly to the creditor by the Debtor(s) on the following claims:
Creditor
Collateral, if any
Monthly Payment
Amount
B. The effective date of this Plan shall be the date of entry of the Order of Confirmation.
No. of Months
to Payoff
C. ORDER OF DISTRIBUTION:
1.
[ ] The amounts to be paid to the Class One creditors shall be paid in full, except that the Chapter 13
Trustee’s fee shall be paid up to, but not more than, the amount accrued on actual payments made to date.
After payment of the Class One creditors, the amounts to be paid to cure the defaults of the Class Two A,
Class Two B and Class Two C creditors shall be paid in full before distributions to creditors in classes
Three, Four, and Five (strike any portion of this sentence which is not applicable). The amounts to be paid
to the Class Three creditors shall be paid in full before distributions to creditors in classes Four and Five.
Distributions under the plan to unsecured creditors will only be made to creditors whose claims are allowed
and are timely filed pursuant to Fed.R.Bankr.P. 3002 and 3004 and after payments are made to Classes
One, Two A, Two B, Two C and Three above in the manner specified in Section III.
2.
[ ] Distributions to classes of creditors shall be in accordance with the order set forth above, except:
______________________________________________________________________________________
______________________________________________________________________________________
D. MOTIONS TO VOID LIENS UNDER 11 U.S.C. § 522(f). In accordance with Fed.R.Bankr.P. 4003(d), Debtors intend
to file, or have filed, by separate motion served in accordance with Fed.R.Bankr.P. 7004, a motion to void lien pursuant to 11
U.S.C. § 522(f) as to the secured creditors listed below:
Creditor
Collateral
Date Motion to Void Lien Filed
Date of Order Granting Motion
or Pending
E. STUDENT LOANS:
G No student loans
G Student loans are to be treated as follows:
F. RESTITUTION
G No restitution owed
G Debtor owes restitution in the total amount of $______which is paid directly to ____________ in the
amount of $__________per month for a period of
months.
G Debtor owes restitution to be paid as follows:
G. OTHER
V. REVESTMENT OF PROPERTY IN DEBTOR
All Property of the estate shall vest in the debtor at the time of confirmation of this Plan.
VI. INSURANCE
Insurance in an amount to protect liens of creditors holding secured claims is currently in effect and will [ ] will not [
] (check one) be obtained and kept in force throughout the period of the Plan.
Creditor to Whom This
Applies
Collateral Covered
Coverage Amount
Insurance Company, Policy No. and Agent
Name, Address and Telephone No.
[ ] Applicable policies will be endorsed to provide a clause making the applicable creditor a loss payee of the policy.
Dated:
Signature of Debtor
Signature of Attorney for Debtor
Attorney's Address
City, State, and Zip Code
Telephone Number
Signature of Co-Debtor Spouse