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Chapter 13 Plan Form. This is a Hawaii form and can be use in Bankruptcy Court Federal.
Tags: Chapter 13 Plan, hib 3015-1, Hawaii Federal, Bankruptcy Court
Page | 1 Tt Check if this is an amended plan . Complete confirmation hearing information below before serving and filing . CONFIRMATION HEARING ON AMENDED PLAN: Date: Time: Local Form H113 (12/18) Chapter 13 Plan Section 1: Notices Note : In a joint case, reference to a debtor includes both Debtor 1 and Debtor 2. Whenever there are check boxes in this plan providing a choice, 223None224 or 223Not included224 will be presumed if no boxes are checked. To Debtors: This form sets out permissible options for chapter 13 cases in the District of Hawaii. Th e text of the provisions in this form plan may not be altered. Any nonstandard provision must be stated in To Creditors: Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated. You should read this plan carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one. If you oppose the plan222s treatment of your claim or any provision of this plan, you or your attorney must file an objection to confirmation at least 7 days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy Court. Failure to file a timely objection means that you accept the plan. If no one files a timely objection, the court may cancel the hearing and confirm the plan without3015. If you wish to receive payments under a confirmed plan, you must file a timely proof of claim . The following matters may be of particular importance. Debtor must check one box on each line to state whether or not the plan includes each of the following items. If an item is checked as 223Not included224 or if both boxes are checked or unchecked, the provision will be ineffective if set out later in the plan. 1.1 A limit on the amount of a secured claim, set out in 247 4.5, which may result in a partial payment or no payment at all to the secured creditor Included Not included 1.2 Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set out in 247 4.7 Included Not included 1.3 Nonstandard provisions, set out in 247 12 Included Not included Section 2: Plan Payments and Length of Plan 2.1 Debtor will make pay ments to the trustee as follows. $ x months = $ $ x months = $ $ x months = $ Additional funding (see 247 2.4): $ Total payments before turnover of tax refunds: $ Duration of plan (months): Estimated % payment of unsecured claims (from liquidation analysis): Under this plan: % In Chapter 7 liquidation: % Debtor 1 First Name Middle Name Last Name Debtor 2 (Spouse, if filing) First Name Middle Name Last Fill in this information to identify your case: American LegalNet, Inc. www.FormsWorkFlow.com Debtor 1 Case number (if known) First Name Middle Name Last Name Page | 2 2.2 Regular payments to the trustee will begin no later than 30 days after the filing of the chapter 13 petition or the order converting the case to chapter 13. Payments will be made from future income in the following manner. Check all that apply. Debtor will make payments directly to the trustee. Debtor will make payments pursuant to a payroll deduction (wage) order. Other (specif y): 2.3 Income tax refunds. Debtor must give the trustee a copy of each income tax return filed during the plan term within 14 days after filing the return and must turn over to the trustee all income tax refunds received during the plan term, except to the extent that a refund is exempt, received on account of a child tax credit or earned income credit, or subject by law to setoff, recoupment, or similar disposition, to the extent permitted under 11 U.S.C. 247 553. 2.4 Additional payments. Check one. None. If 223None224 is checked, the rest of 247 2.4 need not be completed or reproduced. Debtor will make additional payment(s) to the trustee from other sources, as specified below. Describe in the box below the source, estimated amount, and date of each anticipated payment. Explain further as needed in 247 12. Section 3: Classification of Claims 3.1 Need to file proof of claim and determination of classification . A creditor, including a secured creditor, must file a proof of claim in order to receive disbursements from the trustee, even if this plan mentions the creditor222s claim. Unless the court orders otherwise, the trustee will make distributions only on timely filed proofs of claim. The trustee may rely on information on the face of the proof of claim rather than other information contained in any attachments to the proof of claim. Unless the court orders otherwise, the proof of claim shall determine the amount, classification and distribution priority of a claim. 3. 2 Secured claims. ( Do not include a secured claim in more than one class. ) Class 1 Secured claims where (a) the debtor was in default on the petition date and (b) the claimant222s rights are not modified by this plan, except for the curing of the default. Class 2 Secured claims that mature prior to the projected date of the last payment due under this plan or any other secured claim that is to be paid in full through the plan by the trustee. Class 3 Secured claims which the debtor proposes to limit to the value of the collateral by requesting a determination under 11 U.S.C. 247 506(a) and Bankruptcy Rule 3012(b) (223lien strips224). Class 4 Secured claims excluded from 11 U.S.C. 247 506. Class 5 Secured claims subject to avoidance under 11 U.S.C. 247 522 ( f ) and Bankruptcy Rule 4003(d) . Class 6 Secured claims that are satisfied by the debtor222s surrender of the collateral. Class 7 Secured claims where (a) the debtor was not in default on the petition date , and (b) this plan does not modify the claimant222s rights. 3.3 Unsecured claims. Class 8 Priority unsecured claims, such as domestic support obligations and certain types of taxes. Class 9 Nonpriority unsecured claims that are given special treatment, such as a consumer debt on which another individual is liable. Class 10 All other nonpriority (general) unsecured claims. American LegalNet, Inc. www.FormsWorkFlow.com Debtor 1 Case number (if known) First Name Middle Name Last Name Page | 3 Section 4: Treatment of Secured Claims 4 . 1 Pre - confirmation adequate protection payments to secured creditors and payments to lessors. Check all that apply. None. If 223None224 is checked, the rest of 247 4.1 need not be completed or reproduced. Debtor will make adequate protection or lease payments directly to parties listed below and will provide evidence of payment to the trustee. Trustee will make adequate protection or lease payments under 11 U.S.C. 247 1326(a)(1)(B) or (C) to parties listed below, beginning as soon as practicable after the creditor files a proof of claim. After confirmation, trustee shall make distributions as provided elsewhere in this plan. If no payment amount is specified, the monthly adequate protection payment amount shall be 2 percent of the estimated value of the collateral, unless stated otherwise in 247 12. Creditor/Lessor Subject property (& est. valu e if adequate protection) Mo. pmt. 4.2 C ure and maintenance payments on a c laim secured by debtor222s principal residence will be treated as Class . 4 . 3 Class 1 : S ecured claims where (a) the de btor was in default on the petition date and (b) the claimant = s rights are not modified by the plan, except for the curing of the default. Check one. None. If 223None224 is checked, the rest of 247 4. 3 need not be completed or reproduced. Class 1 claims will be treated as follows. Retention of lien and claimholder222s rights. A holder of a Class 1 claim will retain its lien until the underlying debt is paid in full under nonbankruptcy law. This plan does not modify the holder222s rights other than by curing the default by paying the prepetition arrearage, i.e. the regular installments of principal, accrued and unpaid interest and other charges, such as attorney fees and collection costs, that became due before the petition date without regard for any acceleration. Claim amount. Unless the court orders otherwise, the amounts of the current installment payment and arrearage listed on a timely filed proof of claim control o