COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) -against: UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA : : CHAPTER 13 PLAN[/MOTION FOR 3012 VALUATION HEARING] Defendant(s) : ...................................................... The debtor's future earnings are submitted to the supervision and control of the trustee, and the debtor shall pay to the trustee all disposable income in the amount of $ monthly for months. THE PEOPLE OF THE STATE OF NEW YORK [If the plan provides for payment of the full value of all claims (a 100% plan) and the debtor TO proposes to submit less than all disposable income to the trustee, this provision shall read as follows: A portion of the debtor's future earnings sufficient to fund the following full payment plan is submitted to the supervision and control of the trustee, and the debtor shall pay to the trustee the sum monthly for months.] of $ GREETINGS: [If COMMAND YOU, that for extending excuses of the plan beyond and each of you attend WEapplicable - The "cause"all business and the term being laid aside, you the three-year period before provided for in 11 U.S.C. § 1322(c) is .] , the Honorable at the Court located at County of in room From the on the , payments by the debtor to the, trustee, at day of 20 , claimants shall be entitled to distribution as o'clock in the noon, and at any recessed orfollows: date, to testify and give evidence as a witness in this action on the part of the adjourned (1) The trustee shall be paid $ as an administrative expense entitled to priority under 11to comply with this subpoena is punishableof payments under theand will make you liable to Your failure U.S.C. § 507(a)(1) (ten percent (10%) as a contempt of court plan). the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a (2) failure to comply. result of your The following claims entitled to priority under 11 U.S.C. § 507 shall be paid in full in deferred cash payments unless the holder of a particular claim has agreed to a different treatment of such claim, as indicated below: Witness, Honorable , one of the Justices of the Court in County, Name of Creditor (a) day of , 20 Value of Claim $ Annual* Interest Rate (if must sign above and type Monthly Term (Attorney name below) applicable) (Months) Installment Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA (3) Secured Claims. Plaintiff(s) (A) Principal Residence. Except as otherwise provided herein or by order of the -against: Court, and pursuant to 11 U.S.C. § 1322(b)(2), the debtor, during the pendency of this case and this plan, shall make the usual and regular payments called for: by the debt instruments and security agreements supporting non-voidable liens upon debtor's principal residence that is immovable/real property directly to each lien holder in a current manner from the date of the petition. : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . Security. . . . . . . . . . . . . . . . . . . . . . . . . . ....... Lien holder Interest Description of Property/Collateral Monthly Installment THE PEOPLE OF THE STATE OF NEW YORK (If treatment different from that required by the debt instruments and security agreements is TO proposed, such treatment shall be specifically described and shall become an issue to be resolved either by consent of all parties or at confirmation.) (B) Other Direct Payments. The debtor, during the pendency of this case and this plan, shall make the usual and regular payments called for by the debt instruments and, if applicable, the security COMMANDsupporting non-voidable liens against thelaid aside, you and each of you attend before WE agreements YOU, that all business and excuses being following property directly to each , the Honorable current manner from the date of thethe at petition as follows: Court creditor in a GREETINGS: located at County of in room , on theSecurity of day , 20 , at o'clock in the noon, and at any recessed Monthly orCreditor date, to testify and give evidence as a witnessProperty/Collateral* of the Installment adjourned in this action on the part Interest* Description of *if applicable Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure toCuring of Arrearages. Arrearages to named lien holders shall be made in (C) comply. installments by the trustee from funds available for distribution monthly. Payments shall be made Witness, Honorable , one of claim for of the in installments set forth below until the amount allowed each lien holder on athe Justicesarrearages as provided herein County, paid. of has been Court in day , 20 Creditor/Lien holder Total Amount of Arrearages* Annual Interest (Attorney must Terms and type Monthly sign above name below) Rate** (Months) Installment Attorney(s) for *[If applicable - includes attorney's fees, costs, late charges of $ and interest rate of /or includes pre-petition principal and interest or principal only]. **if applicable. Office and P.O. Address % Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Provisions of this paragraph shall operate to cure any default of any security : agreement notwithstanding that by the terms of the security agreement the time forSUBPOENA JUDICIAL reinstatement has Plaintiff(s) expired. -against- : (D) Surrender of Property. The debtor shall: surrender to the following holders of secured claims any right that might arise under the Bankruptcy Code or this plan to maintain an interest in the property securing the claims, in full satisfaction of the secured claim of each of these : following creditors: Defendant(s) : ...................................................... Lien holder Amount of Secured Claim Description of Property/Collateral THE PEOPLE OF THE STATE OF NEW YORK The debtor's right to assert under the Bankruptcy Code or this Plan an interest in TO property securing the claim(s) is deemed surrendered as of the date of entry of the Order of the Confirmation. Confirmation of this plan will operate to lift the § 362 stay, with consent of the debtor, also to allow enforcement of the security interests held by the above claimants, under applicable non-bankruptcy law. GREETINGS: (E) Other Secured all business and excuses being laid aside, you and each of (A), (B), WE COMMAND YOU, thatClaims. Any secured claims not treated in subsectionsyou attend before , the Honorableof this provision shall be determined the at under 11 U.S.C. § 506 and Rules 3004 and 3012, Court (C), or (D) located at County of Rules of Bankruptcy Procedure, and Rules 3012-1 of the Local Rules of this Court, and shall Federal inreceive paymentson the the plan of room , under day equivalent to, the value of the claim as in the effective and at any recessed 20 , at o'clock of the noon, date of the orplan. Eachdate, to testify and give evidence as a witness in this actionsuch claim until the claim is paid. adjourned holder of a secured claim shall retain the lien securing on the part of the The holders of claims secured by liens on property other than the principal residence, the value of the claims as proposed by the debtor, and the treatment afforded such claims are set forth below: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Name on Description Value of Interest Term the partyof whose behalf this subpoena was issued for a maximum penalty of $50 and all Monthly sustained as a damages result of your failure Property Creditor of to comply. Claim Rate (Months) Installment Witness, Honorable Court in County, , one of the Justices of the day of , 20 In the event any creditor contests the value of a secured claim as proposed by the debtor, the creditor must file a timely objection pursuant to Local Rule 3015.3-1. In the event of such an objection, the Court will take evidence and shall determine the value (Attorney securedabove andat the hearing on of the must sign claim type name below) confirmation, pursuant to Rule 3012, FRBP, and Local Rule 3012-1 or in connection with such other proceedings as are appropriate in the interest of justice. [If applicable - the debtor intends to avoid the lien which purports to secure the claim of the following creditor, for Attorney(s) pursuant to Bankruptcy Rule 7001 and Local Rule 3012-1(c) and has brought (will bring) a separate adversary proceeding to effect cancellation of the lien so as to render the following creditor(s)’ claim(s) unsecured: .] Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (4) Unsecured Claims. Creditors holding unsecured claims shall be treated as follows: Plaintiff(s) : JUDICIAL SUBPOENA (A) Class A shall consist of those creditors holding allowed unsecured claims, except -against: those allowed unsecured claims treated in subsection (B). The claims of such creditors shall be paid pro rata over the period of the plan as follows: : Aggregate Amount of : Unsecured Claims Interest Term Defendant(s) :(Months) . . . . . (as. scheduled)*. . . . . . . . . . . . . . . . . Rate**. . . . . . . . . . . . . .. .......... ...... Monthly Installment THE PEOPLE OF THE STATE OF NEW YORK *Informational purposes only; to be included in Class A the claims must be allowed. **[If applicable; e.g., in cases requiring 100% repayment due to liquidation value of the estate]. TO (B) [If applicable] Class B shall consist of creditors who have allowed unsecured claims with a co-debtor liable thereon. In order to insure continuance of the co-debtor stay pursuant to 11 U.S.C. GREETINGS: § 1301, the claims of such creditors shall be paid 100% of the claim as allowed plus interest as follows: Monthly WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable Claim and at the Interest Court Term Installment located at Installment* Rate** County of Creditor Name of Monthly (Months)*** Under Plan in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the *The remaining balance and installment under the applicable debt instrument. **As provided in the comply with this subpoena is punishable as a contempt of court and will make you liable to Your failure to debt instrument. ***Left according to the terms of the debt instrument. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. (5) Liquidation Value. The liquidation value of the estate = $ . Witness, Honorable , one of the Justices of the Value of Court in (6) Present County, Payments to Class A ,Unsecured Creditors. The present value of the day of 20 payments to be made to unsecured creditors under the plan using a $ . % annual discount rate = (Attorney must sign above and type name below) (7) The debtor hereby accepts/rejects the following leases or executory contracts: Attorney(s) for . (8) Attorney's Fees for Debtor's Counsel. The debtor's attorney has been paid or promised Office and P.O. Address $ plus $ court costs by the debtor for professional services and expenses incurred in this Chapter 13 case. Approval of said fees and expenses will be sought in Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. conjunction with confirmation of this plan. Confirmation of the plan shall be deemed as approval : of said fees and expenses unless disallowed or reduced by the Court. JUDICIAL SUBPOENA Plaintiff(s) -against- : (9) Vesting of Property. Upon confirmation of this plan, all of the property of the debtor's estate shall vest in the debtor. [Or, if applicable, such other provisions regarding vesting of property : as are appropriate]. : (10) Other Matters. [For example: The debtor shall execute an assignment of the proceeds Defendant(s) : , Division of . .of. that. certain . . . . . . . described. as . . . . . . . .v.. ABC. Ins. .Co., Suit # . . . . . . . . . . lawsuit . . . . . . . . . . "Debtor . . . . . . . . . . . the Judicial District Court, State of ," in form and substance satisfactory to the Chapter 13 trustee, in order to aid in payment of the liquidation value of the estate, and/or in effectuating payments under this plan.] THE PEOPLE OF THE STATE OF NEW YORK TO CERTIFICATION OF COUNSEL [May be on separate page] I hereby certify that I have explained the terms and conditions of, and obligations under, the foregoing plan to the debtor(s). GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Courtof , Louisiana, this day , 20 . located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Counsel for Debtor(s) Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Plan Dated: Debtor Witness, Honorable Court in County, , one of the Justices of the day of , 20 Debtor (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com