UNITED S TATES BANKRUPTCY COURT S OUTHERN DIS TRICT OF INDIANA _______________ DIVIS ION In re: ) ) ) ) Debtor. Cas e No. -13 CHAPTER 13 PLAN Original ____ A mendment No. ____ 1. GENERAL PROVIS IONS : (a) YO UR RIGHTS MAY BE AFFECTED. Read thes e papers carefully and dis cus s them with your attorney. If you oppos e any provis ion of this plan, you mus t file a timely written objection. This plan may be confirmed without further n o t ic e or hearing unles s a written objection is filed before the deadline s tated on the s eparate Notice you received from the Bankru p t c y Court. If you have a s ecured claim, this plan may modify your lien if you do not object to the plan. (b) PROOFS OF CLAIM: This plan does not allow claims . You mus t file a p ro o f o f c la im to receive pre-confirmation adequate protection payments and to receive dis tribution under a confirmed plan. The filed proof of claim s hall control a s to the claim amount for pre-petition arrearages , s ecured and priority tax liabilities , and any payment in full o ffe rs u n le s s s pecifically objected to and determined otherwis e by the Court. (c) ADEQUATE PROTECTION PAYMENTS : In accordance with General Order 05-0004, any adequate protection payment offers s hall be bas ed u p o n 1% of the propos ed allowed s ecured claim, although that pres umption may be rebutted. The Chapt e r 13 T ru s t e e (“Trus tee”) s hall dis burs e s uch payments to the s ecured creditor as s oon as practicable after receiving plan payments from the debtor. A ll adequate protection payments s hall be s ubject to the Trus tee’s percentage fee as s et by the United States Trus tee. No adequate protection payments will be made by the debtor directly to the creditor. (d) EQ UA L MO NTHLY PAYMENTS : The Trus tee may increas e the amount of any “Equal M onthly A mount” offered to appropriately amortize the claim. The trus tee s hall be permitted to accelerate payments to any clas s of creditor for efficient adminis tration of the cas e. (e) PAYMEN TS FO LLO W ING ENTRY OF ORDERS LIFTING S TAY: Upon entry of an order lifting the s tay, no dis t ributions s hall be made on any s ecured claim relating to the s ubject collateral until s uch time as an amended deficiency claim is filed by s uch creditor and deemed allowed, o r t h e automatic s tay is re-impos ed by further order of the Court. 2. S UBMIS S ION OF INCOME: Debtor s ubmits to the s upervis ion and control of the Trus tee all or s uch portion of future earnings or other future income or s pecified property of the debtor as is neces s ary for the execution of this plan. 3. PAYMENT AND LENGTH OF PLAN: Deb t o r s hall pay $___________ per ______________ to the Chapter 13 Trus tee, s tarting not later than 30 days after the order for relief, for a p p ro xima t ely ________ months , for a total amount of $___ ______________. A dditional payments to Trus tee: ______________________________________________________________________________________. American LegalNet, Inc. www.FormsWorkflow.com 4. ADMINIS TRATIVE CLAIMS (INCLUS IVE OF DEBTOR’S ATTORNEY FEES ): A ll adminis trative claims will be paid in full by the Trus tee unles s creditor agrees otherwis e: Creditor Type of Priority Scheduled A mount 5. DOMES TIC S UP P O R T OBLIGATIONS : The following Domes tic Support Obligations will be paid in the manner s pecified: Es timated A rrears Treatment Creditor Type of Claim Debtor i s r e qu i red to PAY ANY PAYMENTS FALLING DUE AFTER THE FILING OF THE CAS E PURS UANT TO a domes tic s uppor t ORDER directly to the PAYEE in order for this plan to be confirmed an d for debtor to receive a dis charge from the Court upon completion of plan payments herein. 6. S ECURED CLAIMS RELATING TO RES IDENTIAL REAL ES TATECURING DEFAULTS AND/OR MAINTAINING PAYMENTS (INCLUS IVE OF REAL ES TATE TAXES AND HOMEOWNER’S AS S OCIATION ARREARS ): Creditor Des cription of Collateral Es timated A rrears Interes t Rate (if any) (a) Evans ville and New Albany: If t h e re is a pre-petition arrearage claim on a mortgage s ecured by real property, then both the pre-petition arrearage and the pos t-petit io n mortgage ins tallments s hall be ma d e through the Trus tee. Initial pos t-petition payment arrears s hall be paid with s ecured creditors . (b) Indianapolis and Te r re Haute: W here there are arrearages , all pos t-petition payments res ume on the firs t due date after th e month in which the petition is filed. The Trus tee will pay prepetition arrearage claims . Regular monthly p a y me n ts s hall be paid directly by the debtor to the creditor. 7. S EC UR ED C LA IMS OTHER THAN CLAIMS RELATING TO RES IDENTIAL REAL ES TATE: A fter confirmation of the plan, the Trus tee will pay to the holder of each allowed s ecured claim the equal monthly amount in colu mn (6) b a s e d upon the amount of the claim [(Para. 7(a), column (4)] or value offer [(Para. 7(b), column (4)] with interes t at the rate s tated in column (5). (a) S ecured Claims To Which 11 U.S .C. 506 Valuation Is Not Applicable: (1) Creditor (2) Collateral (3) Purchas e Date (4) Es timated Claim A mount (5) Interes t Rate (6) Equal M onthly A mount (7) A dequate Protection A mount (1% of allowed s ecured claim) A dditional plan offer, if any, as relates to above claim(s ): ________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ American LegalNet, Inc. www.FormsWorkflow.com (b) S ecured Claims to Which 11 U.S .C. 506 Valuation is Applicable: (1) Creditor (2) Collateral (3) Purchas e Date (4) Value (5) Interes t Rate (6) Equal M onthly A mount (7) A dequate Protection A mount (1% of allowed s ecured claim) A dditional plan offer, if any, as relates to above claim(s ): ________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ (c) Curing Defaults and/or Maintaining Payments : Trus tee s hall pay allowed claim for arrearage, and debtor s hall pay regular pos t-petition contract payments directly to the creditor: Creditor Collateral/Type of Debt Es timated A rrears Interes t Rate (if any) (d) S urrendered/Abandoned Collateral: The debtor intends to s urrender, and, upon confirmation, the Chapter 13 es tate abandons any interes t in the following collateral: Scheduled Value of Property Collateral Surrendered/A bandoned Creditor 8. S ECURED TAX CLAIMS AND 11 U.S .C. 507 PRIORITY CLAIMS : A ll allowed priority claims s hall be paid in full by the Trus tee, exclus ive of interes t, unles s the creditor agrees otherwis e. A ll allowed s ecured tax obligations s hall be paid in full by the Trus tee, inclus ive of s tatutory interes t thereon (whether or not an interes t factor is expres s ly offered by plan terms ): Scheduled Debt Treatment Type of Priority or Creditor Secured Claim 9. NON-PRIORITY UNS ECURED CLAIMS : (a) S eparately Clas s ified or Long-term Debts : Creditor Bas is for Clas s ification Treatment A mount Interes t (if any) (b) General Uns ecured Claims : ___ Pro rata dis tribution from any remaining funds ; or ___Other: __________________________________________________________________________. 10. EXECUTORY CONTRACTS AND UNEXPIRED LEAS ES : A ll executory contracts and unexpired leas es are REJECTED, except the following, which are as s umed: Creditor Property Des cription Treatment American LegalNet, Inc. www.FormsWorkflow.com 11. AVOIDANCE OF LIENS : Debtor will file a s eparate motion or advers ary proceeding to avoid the following non-purchas e money s ecurity interes ts , judicial liens , wholly uns ecured mortgages or other liens that impair exemptions : Creditor Collateral/Property Des cription A mount of Lien to be A voided 12. LIEN RETENTION: W ith res pect to each allowed s ecured claim provided for by the plan, the holder of s uch claim s hall retain its lien s ecuring s uch claim until the earlier of a) the payment of the underlying debt determined under non-bankruptcy law or b) a dis charge order being entered under 11 U.S.C.1328. 13. VES TING OF PROPERTY OF THE ES TATE: Except as neces s ary to fund the plan or as expres s ly retained by the plan or confirmation order, the property of the es tate s hall reves t in the debtor upon confirmation of the debtor’s plan, s ubject to the rights of the Trus tee, if any, to as s ert claim to any additional property of the es tate acquired by the debtor pos t-petition purs uant to operation of 11 U.S.C. 1306. 14. DUTY OF MORTGAGE HOLDER TO FILE AND S ERVE NOTICE OF PAYMENT OR S ERVICER CHANGE AND ANNUAL NOTICE: A ll mortgage holders s hall file with the Bankruptcy Court a Notice indicating any change in the mortgage payment. This Notice s hall contain the old mortgage payment amount, the new mortgage payment amount and an explanation of the reas on for the change. If the change is a res ult of an es crow analys is , the Notice s hall include the es crow calculation s howing the taxes and ins urance paid for the prior year. Should there be a change in the mortgage s ervicer while the bankruptcy is pending, the mortgage holder s hall file with the Bankruptcy Court a Notice s etting forth the change and providing the name of the s ervicer, the payment addres s and a contact phone number. In addition, the mortgage holder s hall perform an es crow analys is annually and annually file a Notice s etting forth the amount of the mortgage payment regardles s of whether or not a change has occurred in the prior year. A ll Notices s hall be filed with the Bankruptcy Court and s erved upon the debtor, debtor’s couns el and the Chapter 13 Trus tee. 15. PAYMENT NOTICES (OTHER THAN THOS E RELATING TO MORTGAGES ): Non-mortgage creditors in Section 7(c) (whos e rights are not being modified) or in Section 10 (whos e executory contracts /unexpired leas es are being accepted) may continue to mail cus tomary notices or coupons to the debtor or the Trus tee notwiths tanding the automatic s tay. 16. MIS CELLANEOUS PROVIS IONS : Date: ___________________, 2______. ___________________________________________ Debtor ___________________________________________ Debtor ___________________________________________ Debtor’s Attorney American LegalNet, Inc. www.FormsWorkflow.com