UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF ILLINOIS In re: ) ) ) ) ) Case No. Original Chapter 13 Plan Amended Plan Number _____ (Changes must be underlined) Limited Service Applicable Debtor(s) CHAPTER 13 PLAN AND NOTICE OF TIME TO OBJECT CHAPTER 13 PROCEDURES MANUAL The provisions of the Court's Chapter 13 Procedures Manual are incorporated herein by reference and made part of this Plan. This manual is available at www.ilsb.uscourts.gov. YOUR RIGHTS WILL BE AFFECTED You should read this plan carefully and discuss it with your attorney. Anyone opposing any provision of this Plan as set forth below must file a timely written objection. This Plan may be confirmed without further notice unless written objection is filed and served within 21 days after the conclusion of the 11 U.S.C. § 341(a) Meeting of Creditors. Objections to an amended Plan must be filed and served within 21 days after the date of filing of the amended Plan. THIS PLAN DOES NOT ALLOW CLAIMS A Creditor must file a timely Proof of Claim to receive distribution as set forth in this Plan. Even if the Plan provides for payment, no payment will be made unless a Proof of Claim is timely filed. If the debtor is not represented by counsel, any party filing a proof of claim must serve the debtor with notice that the claim has been filed and with a copy of the claim. Any pleadings that are filed in relation to the claim also must be served on the debtor. IF A TIMELY CLAIM IS NOT FILED, AS PERMITTED BY FED. R. BANKR. P. 3002(c), 3004 OR FURTHER ORDER OF THIS COURT, ALL AMOUNTS RECEIVED BY THE TRUSTEE FOR THE UNFILED CLAIM WILL BE DISBURSED TO OTHER CREDITORS PURSUANT TO THE ORDER OF DISTRIBUTION. If you have a secured claim, this Plan may void or modify your lien if you do not object to the Plan. The following matters may be of particular importance. Debtor(s) must check one box on each line to state whether or not the plan includes any or all of the following items. If an item is checked as "Not Included" or if both boxes are checked, the provision will be void if set out later in the plan. I. A limit on the amount of a secured claim, set out in Sections 3E, 3F, or 4B, which may result in a partial payment or no payment at all to the secured creditor Avoidance of a judicial lien or nonpossessory, non-purchase money security interest, set out in Section 9 Nonstandard provisions set out in Section 10. PAYMENTS Included Included Included Not Included Not Included Not Included II. III. 1. The Debtor submits to the Standing Chapter 13 Trustee all projected disposable income to be received within the applicable commitment period of the Plan. The payment schedule is as follows: Start Month # End Month # Monthly Payment Total Grand Total Payments: Wage Order Required: Yes No ePay TFS (Must list employer information) The Debtor from whose check the payment is deducted: _________ American LegalNet, Inc. www.FormsWorkFlow.com Employer's name, address, city, state, phone:_____ _______________________________________________________ ___________________________________________________________________________________________________ IMPORTANT PAYMENT INFORMATION NOTE: Plan payments to the Trustee must commence within 30 days of the filing of the petition. The Debtor must make direct payments to the Trustee by money order or cashier's check until the employer deduction begins. Include your name and case number on your money order or cashier's check. Contact the Trustee for the payment mailing address. In addition, debtors may need to pay their tax refunds, personal injury proceeds and other such funds to the trustee. ORDER OF DISTRIBUTION The following order of priority shall be utilized with respect to all payments received under the Plan terms: 1. The Trustee's fees for each receipt, the percentage of which is fixed by the U.S. Trustee; 2. Any unpaid portion of the filing fee; 3. Notice fees equal to $.50 per page of the Plan, multiplied by the number of creditors listed on the debtor's mailing matrix; 4. Ongoing mortgage payments on real estate; 5. Allowed administrative expenses; 6. Attorney's fees and other secured creditors as set forth in the Chapter 13 Procedures Manual; 7. Priority creditors as set forth in the Plan; 8. Any special class of unsecured creditors as set forth in the Plan; and 9. General unsecured creditors. 2. ADMINISTRATIVE EXPENSES Administrative Creditor Estimated Amount of Claim ATTORNEY'S FEES Attorney name: ___________________________________________________________________________ Flat fee through Plan $_________ OR The Debtor's counsel elects to be paid on an hourly basis and will file a fee application(s) for approval of fees. No fees shall be disbursed until a fee application is approved by the Court. However, the Trustee shall reserve a total of $4,500.00 for payment toward such application, pursuant to the Order of Distribution and the Chapter 13 Procedures Manual. 3. REAL ESTATE ­ CURING DEFAULTS AND MAINTAINING PAYMENTS Post-petition payments shall be made by the Trustee if (i) a pre-petition default exists; (ii) a post-petition, preconfirmation default occurs; or (iii) a post-confirmation default arises that cannot be cured by the Debtor within six months. Otherwise, post-petition payments may be made directly by the Debtor to the creditor. Where the Trustee is disbursing the ongoing payments, the first mortgage payment to be disbursed will be that which becomes due in the second month after the month in which the petition is filed. For example, if the petition was filed in January, the first mortgage payment is due in March. In this situation, a mortgage holder should file a "pre-petition" claim that includes both the pre-petition arrearage and all post-petition contractual payments not disbursed by the Trustee as set forth above. Similarly, a Debtor must include the amount of any such payment(s) in the pre-petition arrearage calculation. (See the Chapter 13 Procedures Manual for examples and further instruction.) For ongoing payments brought in due to a post-petition default, payments by the Trustee are to begin on the first due date after the month in which the amended or modified Plan is filed, or as otherwise ordered by the Court. All payments received from the Trustee must be credited by the creditor as the Plan directs. Pursuant to 11 U.S.C. § 524(i), ongoing post-petition mortgage payments tendered under the Plan by either the Trustee or the Debtor shall be credited by the holder and