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Chapter 13 Plan (Cases Filed Before 10-17-05) Form. This is a Illinois form and can be use in USBC Southern Federal.
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Tags: Chapter 13 Plan (Cases Filed Before 10-17-05), Illinois Federal, USBC Southern
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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IN RE:
Debtor(s).
In Proceedings Under Chapter 13
BK. No.:
CHAPTER 13 PLAN
This plan contains evidentiary matter which, if not controverted, may be accepted by the Court as true.
Creditors cannot vote on this plan but they may object to its confirmation pursuant to Bankruptcy Code §1324.
Any objection must be in writing and must be filed with the Court and served upon the debtor, debtor's counsel
(if any), and the Chapter 13 Trustee on or before the confirmation date stated in the §341 meeting notice.
Absent any such objection, the Court may confirm this Chapter 13 plan without a hearing.
I.
FUNDING OF PLAN
The debtor is an individual who owed, on the date of the filing of the petition commencing this case,
noncontingent, liquidated and unsecured debts totaling $_____________ and noncontingent, liquidated
and secured debts totaling $_____________.
Debtor(s) will apply the following:
A.
B.
Debtor's Net Monthly Income
Monthly take home pay:
Plus other income:
Minus expenses:
Surplus:
$_____________
$_____________
$_____________
$_____________
Payments
Amount and frequency:
$_____________
X Monthly
______ Bi-weekly
_____ Semi-monthly
_____ Weekly
Duration:
_____ Months
Debtor(s) are also to pay $_____________per _____ extra to the Trustee for payment of
claims listed in Paragraph III(I)(3), for a total payment of $_________________ per _______.
Source:
X Debtor's employer
_____ Direct payments from debtor(s)
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NAME AND ADDRESS OF PAYOR DESIGNATED ABOVE:
____________________________________________
____________________________________________
C.
Other Payments (For example, proceeds of sale, recovery on
lawsuit, tax refund)
Estimated Date
of Receipt
Estimated
Amount
Source
II.
PRECONFIRMATION DISBURSEMENT
Preconfirmation disbursements will be made by the Trustee in accordance with paragraph II of the
"Instructions for Chapter 13 Plans."
III.
PAYMENTS TO CREDITORS
Payments to creditors will be made only if a claim is filed and allowed. The amounts and classifications
stated are debtor's estimate of claims. The allowed claim amount and classification will control. From
the payments received from debtor(s), the Trustee shall make disbursements in the following order:
A.
Administrative Claims
1.
2.
3.
Filing fee (unpaid portion)
Notice fees ($0.50 per page per
name on matrix)
Attorney's fees: (See IIIA(3) Instructions)
$____________
$____________
The debtor and debtor's attorney have elected:
Option 1 _____
Option 2 X
for the payment of attorney's fees.
Total fees requested $2,200.000,
from which the sum of $300.00 shall
be paid prior to the distribution to
other creditors.
4.
5.
Auto insurance premiums:
(See IIIA(5) Instructions)
6.
B.
Trustee's fee: A percentage, set by the U.S. Trustee, of
each distribution. (See IIIA(4) instructions)
Attorney Notice Fee: After an Order by the Court is entered granting noticing fees, the
Trustee will pay these fees as an administrative claim.
$____________
Past due real estate taxes: Past due real estate taxes are owed on debtor's property as follows:
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Tax
Year
Parcel
Number
Tax Deed
Case No.
(if sold)
Purchaser
(if sold)
Estimated
Amount *
to be paid
*Amount should include projected post-petition penalty and fees to date of payment.
_____(1) The following such taxes shall be paid by the Trustee to the County Clerk of
_____________County, Illinois
Tax
Year
Parcel
Number
Not later
Than
_____(2) The following such taxes shall be paid by the Trustee pursuant to stipulation
with the tax purchaser, a copy of which is attached:
Tax
Year
Parcel
Number
Purchaser
_____(3) The following such taxes shall be paid outside the plan by a co-owner of the
real estate:
Tax
Year
Parcel
Number
Co-owner
_____(4) The following such taxes shall be paid outside the plan by the debtor(s):
Tax
Year
C.
Parcel
Number
Home Mortgages/Residential Mobile Homes: Monthly payments on mortgage(s) secured by
debtor's residence shall be paid:
_____ By the Trustee.
_____ By the debtor(s) directly to the creditor(s), unless an arrearage claim is filed and
allowed, in which case the Trustee may move to increase the plan payments by an
amount sufficient to pay the current mortgage payment and arrearage claim inside the
plan and the debtor(s) will not object.
Creditor
Estimated
Monthly Payment
First Payment Due
At Filing
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The Trustee will pay 100% of arrearages plus interest at the rate of 0 %:
_____ Pro-rata with other secured claims
_____ In equal monthly installments for _____ months.
The amount of arrearage is estimated to be:
First mortgage $_______________
Second mortgage $_______________
D.
Continuing Claims: The following claims on which the last payment is due after the finalpayment
under the plan is due will be paid according to the terms of the original agreement. The Trustee
will make the current monthly payments as follows:
Creditor
Estimated
Monthly Payment
First
Payment Due
Estimated
Arrearage
The Trustee will pay 100% of arrearages:
_____Pro-rata with other secured claims
_____In equal monthly installments
for _____ months
E.
Current Child Support/Maintenance: These payments will be paid pursuant to previous divorce
court order or agreement:
_____ By the Trustee
_____ By the debtor(s)
Recipient
F.
Estimated
Monthly Payment
First Payment Due
Executory Contracts and Leases: Debtor(s) assume(s) the following contracts and leases and
reject(s) all others. Future contract and/or lease payments due to the other party will be paid:
_____ By the Trustee
_____ By the debtor(s)
Other party to
Contract/Lease
Estimated
Monthly Payment
First Payment Due
Defaults exist on the following contracts and/or leases and will be paid in full by the Trustee:
_____ Prior to other claims and attorney fees
_____ Pro-rata with secured claims
_____ In equal monthly installments for _____ months
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Estimated
Amount in Default
Other Party to Contract/Lease
G.
Other Secured Claims:
Creditors who claim a security interest in the property of the debtor must show perfection of
such a security interest. If perfection is not shown, such claim may be subject to an action by
the Trustee to avoid the alleged lien under §544(a) of the Bankruptcy Code. Such an action
may be brought by the Trustee at any time within the time allowed by law. Insurance will be
maintained upon such collateral at the debtor's expense, in accordance with the terms of the
contract and security agreement creating such security interest.
(1)
The Trustee will pay 100% of the following claims, in contract installments, at contract
rate of interest, as follows:
Creditor
Estimated
Amount
Claimed
Estimated
Monthly
Payment
The Trustee will pay 100% of arrearages:
_______
Pro-rata with other secured claims
_______
In equal monthly installments for ____ months
The amount of the arrearage is estimated to be $________
(2)
All other claims secured by collateral other than debtor's residential real estate shall be
paid the value of their collateral with the balance treated as an unsecured claim. These
secured claims shall be paid with interest at the rate of _____% per annum. The
debtor believes the following claims fall within this category:
Creditor
(3)
Estimated
Amount
Claimed
Alleged
Value of
Collateral
Method of
Valuation
Property to be Surrendered: Debtor(s) will surrender the collateral securing the claims
of the following creditors:
(a)_____ in full satisfaction of the claims;
Creditor
Estimated
Amount Claimed
Property
Description
(b)_____ in satisfaction of the secured portion of such creditors' allowed claims. To
the extent that the collateral does not satisfy such creditors' claims, the
creditors shall hold non-priority, unsecured claims.
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Creditor
H.
Estimated
Amount
Claimed
Alleged
Value of
Collateral
Method of
Valuation
Priority Claims: The Trustee will pay 100% of all claims entitled to priority under 11 U.S.C.
§507, estimated to be as follows:
Estimated
Creditor
Amount Claimed
Debtor does not seek to discharge any taxes for those years for which no tax returns were filed.
I.
Separately Classified Claims
1.
Claims with Co-debtors: Claims of this kind will be paid in full with interest at the
contract rate pro-rata with secured claims:
_____ By the Trustee
_____ By the Co-debtor(s)
Creditor
2.
Estimated
Interest Rate
Priority Child Support/Maintenance Arrearage: Claims of this kind will be paid in full
by the Trustee with interest at the rate of _____% pro-rata with secured claims:
Recipient
3.
Estimated
Co-debtor(s) Amount Claimed
Estimated Amount Claimed
Other: Other claims of this kind will be paid in full by the Trustee, as follows:
(Additional money is being paid into the plan to enable these payments to be made
without affecting other claims):
_____ In monthly payments equal to the additional money to be paid into the plan, net
of Trustee's fees.
_____ Pro-rata with secured claims.
_____ Other:
Creditor
Nature of Claim
Estimated Amount
Claimed
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J.
K.
Post-Petition Claims: Post-petition claims filed and allowed under 11 U.S.C. Sec. 1305 may
be paid through the plan. The total base will be increased accordingly. Such payments will be
funded either by increasing the duration of the plan or increasing plan payments.
L.
Secured Claims: Except as otherwise ordered by the Court, holders of secured claims will retain
their liens until completion of the plan.
M.
Objections to Claims: Any objection to a timely filed unsecured claim will be filed within thirty
(30) days following the expiration of the claims bar date for that claim. Objections to secured
and/or amended claims will be filed within thirty (30) days from the claims bar date OR within
thirty (30) days from the filing of the claim, whichever is later.
N.
IV.
General Unsecured Claims: All other unsecured claims including the undersecured or deficiency
portions of secured claims, will be paid by the Trustee as follows: Unsecured creditors to share
in pro-rata distribution of all remaining funds. In the event that the number of unsecured
creditors filing proofs of claim is less than the number of unsecured creditors listed in Schedule
F, the Trustee will distribute all of the proceeds of the debtor's plan to those creditors whose
claims have been filed and allowed, but not to exceed 100% of the amount of any claim.
Other Provisions:
REVESTMENT: All property shall revest in the debtor upon confirmation except the debtor's postpetition income which shall not revest in the debtor(s) until such time as a discharge is granted or the
case is dismissed. The debtor(s) shall have the right to the possession and use of all income not needed
to fund this plan.
_____________________
DATE
/s/
DEBTOR
_____________________
DATE
/s/
DEBTOR
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