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Chapter 13 Plan Form. This is a Florida form and can be use in USBC Northern Federal.
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Tags: Chapter 13 Plan, Florida Federal, USBC Northern
United States Bankruptcy Court
Northern District of Florida
In re ____________________________________________________________
Debtor(s)
Case No. ____________________
Chapter 13
CHAPTER 13 PLAN
1. Payments to the Trustee: The future earnings or other future income of the Debtor is submitted to the
supervision and control of the trustee. The Debtor (or the Debtor's employer) shall pay to the trustee the sum of
$_____ per month for ___ months, then $______ per month for ___ months. The Debtor shall pay to the
Trustee the tax refunds for ________ years.
Total of base plan payments: $_____________
2. Plan Length: The term of the plan is for ____ months.
3. Allowed claims against the Debtor shall be paid in accordance with the provisions of the Bankruptcy Code
and this Plan.
a. Secured creditors shall retain their mortgage, lien or security interest in collateral until the earlier of
(a) the payment of the underlying debt determined under nonbankruptcy law, or (b) discharge under
11 U.S.C. § 1328.
b. Creditors who have co-signers, co-makers, or guarantors ("Co-Obligors") from whom they are
enjoined from collection under 11 U.S.C. §1301, and which are separately classified and shall file
their claims, including all of the contractual interest which is due or will become due during the
consummation of the Plan, and payment of the amount specified in the proof of claim to the creditor
shall constitute full payment of the debt as to the Debtor.
c. All priority creditors under 11 U.S.C. § 507 shall be paid in full in deferred cash payments.
4. From the payments received under the plan, the trustee shall make disbursements as follows:
a. Administrative Expenses/ Priority Claims
(1) Trustee's Fee: As determined by the Attorney General of the United States.
(2) Filing Fee (unpaid portion):
(3) Priority Claims under 11 U.S.C. §507 – Domestic Support Obligations
(a) Debtor is required to pay all post-petition domestic support obligations directly to the holder
of the claim.
(b) The name(s) of the holder of any domestic support obligation are as follows (11 U.S.C. §§
101(14A) and 1302(b)(6)):
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(c) Anticipated Domestic Support Obligation Arrearage Claims. Unless otherwise specified in
this Plan, priority claims under 11 U.S.C. § 507(a)(1) will be paid in full pursuant to 11 U.S.C. §
1322(a)(2).
Creditor (Name)
Estimated arrearage claim
(d) Pursuant to 11 U.S.C. §§ 507(a)(1)(B) and 1322(a)(4), the following domestic support
obligation claims are assigned to, owed to, or recoverable by a governmental unit.
Claimant and proposed treatment: ___________________________________________
(4) Attorney's Fee (unpaid portion):
Pursuant to Standing Order of this Court, the Debtor’s attorney may seek additional fees of $75.00
upon the filing of the required annual statement each year. If the Plan is modified due to an increase
in income shown on the annual statement, the Debtor’s attorney may seek additional fees of $200.00.
In either of these events, no further notice will be given to creditors.
(5) Other Priority Claims.
Name
Amount of Claim
Interest Rate (If specified)
b. Secured Claims
(1) Secured Debts Which Will Not Extend Beyond the Length of the Plan
(a) Secured Claims Subject to Valuation Under 11 U.S.C. §506. Each of the following secured
claims shall be paid through the plan as set forth below, until the secured value or the amount of
the claim, whichever is less, has been paid in full. Any remaining portion of the allowed claim
shall be treated as a general unsecured claim.
Name
Proposed Total Amount
of Allowed Secured Claim
Interest Rate (If specified)
(b) Secured Claims Not Subject to Valuation Under 11 U.S.C. §506. Each of the following
claims shall be paid through the plan as set forth below until the amount of the claim as set forth
below has been paid in full.
Name
Amount of Secured Claim
Interest Rate (If specified)
(2) Secured Debts Which Will Extend Beyond the Length of the Plan
Name
Amount of Claim
Monthly Payment
Interest Rate (If specified)
c. Unsecured Claims
General Nonpriority Unsecured: Unsecured debts shall be paid approximately ____ cents on the dollar
and paid pro rata.
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5. The Debtor proposes to cure defaults to the following creditors by means of monthly payments by the
trustee:
Creditor
Amount of Default to be Cured
Interest Rate (If specified)
6. The Debtor shall make regular payments directly to the following creditors:
Name
Amount of Claim
Monthly Payment
Interest Rate (If specified)
7. The following executory contracts of the debtor are rejected:
Other Party
Description of Contract or Lease
8. Property to Be Surrendered to Secured Creditor for which the creditor shall be entitled to file a deficiency
claim:
Name
Amount of Claim
Description of Property
9. Title to the Debtor’s property shall revest in Debtor on confirmation of a plan unless otherwise provided in
paragraph 11.
10. As used herein, the term "Debtor" shall include both debtors in a joint case.
11. Non-Standard Provisions (all non-standard provisions must be inserted in this paragraph).
12. Other Provisions:
Unsecured claims shall be paid interest to the extent available, if any, not to exceed 6%.
The provisions of paragraph 3 are not intended to modify the rights of the holders of any mortgages on
any real property owned by Debtor. The terms of all notes and mortgages on Debtor's real property
shall remain in full force and effect.
PAYMENT OF THE FOREGOING ARREARAGES UNDER THIS PLAN SHALL
CONCLUSIVELY CONSTITUTE PAYMENT OF ALL PRE-PETITION ARREARAGES.
Pursuant to 11 U.S.C. §521(f)(4)(B) and Standing Order of this Court, the required annual statement
as described shall be filed.
Date __________________________________
Signature _____________________________________
Debtor(s)
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