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Motion To Allow And Disallow Claims Form. This is a Maine form and can be use in Bankruptcy Court Federal.
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Tags: Motion To Allow And Disallow Claims, Maine Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
District of Maine
Hearing Scheduled
Date:
Time:
Location:
In the matter of:
Chapter 13
Case No.
Debtor
MOTION TO ALLOW AND DISALLOW CLAIMS
[MOTION TO AMEND ORDER CONFIRMING PLAN]
[OBJECTIONS TO CLAIMS]
[OTHER MOTION(S)]
NOW COMES the [debtor/trustee] and files the following motion(s) pursuant to the
Order Confirming Chapter 13 Plan and D.Me.LBR 3015-3(d)(3).
I.
Allowance of Claims. The [debtor/trustee] moves for an order of this Honorable
Court allowing claims as follows:
A.
Secured Claims. The following filed secured claims shall be allowed and
paid by the trustee from the funds submitted by the debtor. The “allowed amount” states
the value of the collateral for the purposes of 11 U.S.C. Sec. 506; the difference between
the “filed claim” and the “allowed amount” (if any) shall be paid as unsecured as set forth
below. To the extent that the allowed amount reflects arrearages to cure defaults
pursuant to 11 U.S.C. Sec. 1322(b)(3), any defaults shall be cured upon payment of the
allowed amount plus applicable interest; the underlying security interest remains
unimpaired. To the extent that the allowed amount reflects full payment of the secured
claim pursuant to the plan, the security interest is discharged upon payment of the
allowed amount and any applicable interest.
#
Secured Creditor
Filed Claim
Allowed Amount
Interest
B.
Priority Claims. The following filed priority claims shall be allowed and
paid by the trustee from the funds submitted by the debtor. The “allowed amount” states
the amount of the claim entitled to priority status; the difference between the “filed
claim” and the “allowed amount:” shall be paid as otherwise proposed in this motion.
#
Priority Creditor
Filed Claim
Allowed Amount
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C.
General Unsecured Claims. The following filed general unsecured claims
shall be allowed and paid by the trustee from the funds submitted by the debtor. Class I
claims shall be paid a dividend of
%, or such greater amount as may be available
after payment of all other claims; all claims are Class I claims unless otherwise specified.
Class II claims shall be paid a dividend of
%; Class II claims are defined as
follows: [state N/A if not applicable]. Class III claims shall be paid a dividend of
%; Class III claims are defined as follows: [state N/A if not applicable]. Class IV
claims are “small claims” which shall be paid in full. A “small claim” is any claim for
which the dividend would be $50 or less which shall be allowed in the amount of $50,
and any claim of $50 or less which shall be allowed as filed.
#
Unsecured Creditor
Allowed Amount
Dividend
II.
Motion to Amend Order Confirming Plan. In order to accommodate the claims to
be allowed pursuant to this omnibus motion, the [debtor/trustee] moves to amend the
order confirming plan granted by the Court on
as follows:
A.
As of
, the debtor
has paid $
to the trustee. The
shall pay the sum of $
per
commencing on
for
remaining in a plan which will run a total of
months. The total
amount to be paid pursuant to the amended plan is $
.
debtor
B.
The [debtor/trustee] represents that the foregoing modification is feasible
based on the following:
1.
Total Payments from debtor
$
2.
Distributions Under Plan
Trustee’s Fees (10% of total)
Attorney’s Fees allowed to date
Administrative Reserve (if any)
Total Secured Claims (if any)
Total Interest (if any)
Total Priority Claims (if any)
Total Class I Unsecured Dividend (if any)
Total Class II Unsecured Dividend (if any)
Total Class III Unsecured Dividend (if any)
Total Class IV Unsecured Dividend (if any)
Total
$
$
$
$
$
$
$
$
$
$
$
$
III.
as follows:
Objections to Claims. The [debtor/trustee] objects to the following claims
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#
Creditor Name & Address
IV.
Claim Amount As Filed
Grounds for Objection
Motion to Avoid Lien(s) Pursuant to 11 U.S.C. Sec. 522(f).
A.
The debtor
owns certain property consisting of
B.
The debtor
property is subject to a judicial lien in the amount
$
claimed by
filed or recorded in the
Registry of Deeds, [recording
information].
C.
The value of the debtor
property is $
. The debtor
entitled to an exemption of $
pursuant to
. The debtor
property is
subject to superior unavoidable liens to
in the aggregate amount of $
.
D.
Pursuant to 11 U.S.C. Sec. 522(f), the debtor
the judicial lien of
to the extent of $
.
V.
entitled to avoid
Other.
WHEREFORE, the debtor/trustee prays that the foregoing motions be granted and that
the Court afford the relief sought in each.
Date:
--------------------------------------------Debtor / Trustee
[Notice of Hearing and Certificate of Service to All Listed Parties and any other Parties In Interest]
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