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Chapter 13 Plan Including Valuation Of Collateral And Classification Of Claims Form. This is a Colorado form and can be use in Bankruptcy Court Federal.
Tags: Chapter 13 Plan Including Valuation Of Collateral And Classification Of Claims, LBF 3015-1.1, Colorado Federal, Bankruptcy Court
L.B.F. 3015 - 1.1 (12/1 8 ) Page 1 Fill in this information to identify your case UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO Debtor 1: Case #: First Name Middle Name Last Name 13 Debtor 2: Chapter: First Name Middle Name Last Name Local Bankruptcy Form 3015 - 1.1 Chapter 13 Plan Including Valuation of Collateral and Classification of Claims Complete applicable sections. This chapter 13 plan dated [month/day/year] supersedes all previously filed plans. 1.1. To Creditors: THIS PLAN MAY MODIFY YOUR RIGHTS. If you oppose any provision of the plan you must file a written objection with the Court by the deadline fixed by the Court. (Applicable deadlines given by separate notice.) If you do not file a timely objection, you wi ll be deemed to have accepted the terms of the plan, which may be confirmed without further notice or hearing. Creditors must file timely proofs of claim in order to receive the applicable payments. 1.2. Nonstandard Provisions This plan contains nonstandard provisions set out in Part 12 of the plan 1.3. Motions for Valuation of Collateral and Determination of Secured Status under 11 U.S.C. 247 506 This plan contains a motion for valuation of personal property collateral and determination of secured status under 11 U.S.C. 247 506. Additional details are provided in Part 7.4 of this plan. The debtor is requesting a valuation of real property collateral and determination of secured status under 11 U.S.C. 247 506 by separate motion. Additional details are provided in Parts 7.3 and/or Part 7.4 of this plan. Status of motion: [list status of motion here ( i.e. date filed, date granted, to be filed contemporaneously, etc.)] 1.4. Motions for Lien Avoidance 11 U.S.C. 247 522(f) The debtor is requesting avoidance of a judicial lien or nonpossessory, non - purchase - money security interest under 11 U.S.C. 247 522(f) by separate motion. Additional details are provided in Part 10.4 of this plan. Status of motion: [list status of motion here ( i.e . , date filed, date granted, to be filed contemporaneously, etc.)] 2.1 Prior bankruptcies pending within one year of the petition date for this case: Case number and c h apter Discharge or d ismissal/ c onversion Date Part 1 Notices Part 2 Background Information American LegalNet, Inc. www.FormsWorkFlow.com L.B.F. 3015 - 1.1 (12/1 8 ) Page 2 2.2 Discharge: The debtor: is eligible for a discharge OR is not eligible for a discharge and is not seeking a discharge. 2.3 Domicile & Exemptions: Prior states of domicile: within 730 days : [list states] within 910 days : [list states] The debtor is claiming exemptions available in the state of [state] or f ederal e xemptions . 2.4 Domestic Support: The debtor owes or anticipates owing a Domestic Support Obligation as defined in 11 U.S.C. 247 101(14A). Notice shall be provided to these parties in interest: A. Spouse/Parent : [identify] B. Government : [identify] C. Assignee or o ther : [identify] D. T he d ebtor has provided the trustee with the address and phone number of the Domestic Support Obligation recipient , or c annot provide the address or phone number because it/they is/are not available. 2.5 Median Income: The current monthly income of the debtor, as reported on Offici al form 122 C - 1 or 12 2C - 2, as applicable, is below , equal to, or above the applicable median income. 3.1 Total Debt Provided for under the Plan and Administrative Expenses A. Total Priority Claims (Class One) 1. $ [amount] of which $ [amount] has been prepaid) 2. estimated ) $ 3. Total taxes (Federal $ [amount] ; State $ [amount]; Other $ [amount] ) $ 4. Other priority claims $ B. Total payments to cure defaults (Class Two) $ C. Total payments on secured claims (Class Three) $ D. Total payments on unsecured claims (Class Four) $ E. Sub - Total $ F. $ G. Total debt and administrative expenses $ Part 3 Plan Analysis American LegalNet, Inc. www.FormsWorkFlow.com L.B.F. 3015 - 1.1 (12/1 8 ) Page 3 3.2 Reconciliation with Chapter 7 A. The net property values set forth below are liquidation values rather than replacement values. The replacement values may appear in Class Three of the plan . B. Assets available to Class Four unsecured creditors if Chapter 7 filed: 1. - exempt property $ Property Value Less costs of sale Less liens X D i nterest Less e xemptions = Net v alue 2. Plus: value of property recoverable under avoiding powers $ 3. Less: estimated Chapter 7 administrative expenses $ 4. Less: amounts payable to priority creditors $ 5. Equals: estimated amount payable to Class Four creditors if Chapter 7 filed (if negative, enter zero) $ C. Estimated payment to Class Four unsecured creditors under the Chapter 13 Plan plus any funds $ 4.1 Future Earnings: 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: A. Future earnings which shal l be paid to the trustee for a period of approximately [#] months, beginning [month/day/year] as follows: B. Number of p ayments Amount of p ayments Total Total of monthly payments C. Amounts for the payment of Class Five post - petition claims included in above: $ [amount] D. Other property : [specify] . 4.2 Payments: The debtor agrees to make payments under the Plan as follows: Voluntary wage assignment to employer : Paid in the following manner: $ [amount] to be deducted [time period, e.g., weekly, monthly, per pay period, etc.] [name, address, telephone number] . OR Direct payment from debtor to trustee. Unless other provision is made in paragraph 10.3, 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: 5.1 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) $ Part 4 Properties and Future Earnings Subject to the Supervision and Control of the Trustee Part 5 Class One - Claims Entitled to Priority Under 11 U.S.C . 247 507 American LegalNet, Inc. www.FormsWorkFlow.com L.B.F. 3015 - 1.1 (12/1 8 ) Page 4 5.2 Other priority claims to be paid in the order of distribution provided by 11 U.S.C. 247 507 [if none, indicate] : A. Domestic Support Obligations: A proof of claim must be timely filed in order for the trustee to distribute amounts provided by the plan . 1. Priority support arrearage: The debtor owes past due support to [name] in the total amount of $ [amount] that will be paid as follows: Distributed by the trustee pursuant to the terms of the Plan; or The debtor is making monthly payments via a wage order or directly (reflected on Schedule I or J) in the amount of $ [amount] to . Of that monthly amount, $ [amount] i s for current support payments and $ [amount] is to pay the arrearage. 2. Other: For the duration of the plan, during the anniversary month of confirmation, the debtor shall file with the Court and submit to the trustee an update of the required information regarding Domestic Support Obligations and the status of required payments. B. Taxes 1. Federal taxes $ 2. State taxes $ 3. Other taxes $ [describe] C. Other Priority C laims $ [describe] 6.1 Modification of Rights: If debtor is proposing to modify the rights of creditors in Class Two, debtor must specifically serve such creditor in the manner specified in Fed. R. Bankr . P. 9014 and 7004. 6.2 Class Two A [if none, indicate] : Claims set forth below are secured only by an intere st in real property that is the debtor's principal residence located at [street address, city, state, zip code] . Defaults shall be cured and regular payments shall be made: None OR Creditor Total d efault a mount to be c ured 1 Interest r ate Total a mount to c ure a rrearage No. of m onths to c ure R egular monthly p ayment to be m ade d irectly to c reditor Date of f irst p ayment 6.3 Class Two B [ if none, indicate ] : Pursuant to 11 U.S.C. 247 1322(b)(5