1 (12-01-2017) UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF NEW YORK In Re: , Case No. Debtor(s). Chapter 13 ORDER CONFIRMING CHAPTER 13 PLAN Part 1: Findings In connection with the chapter 13 plan filed at docket no. (223Plan224) before this court for confirmation, the court finds that: (1) Debtor1 has complied with the filing requirements under 11 U.S.C. 247 521(a)(1) (mandatory documents) and 11 U.S.C. 247 521(b) (credit counseling certificate); (2) Under penalty of perjury, Debtor has represented to the chapter 13 trustee (223Trustee224) and this court that, to the extent applicable, all domestic support obligations owed by Debtor, as defined in 11 U.S.C. 247 101(14A), that have become due since the filing of the petition have been paid and that all such obligations coming due during the Plan will be paid in a timely fashion; (3) Debtor has completed the Certification Pursuant to Local Bankruptcy Rule 3015-1 as to compliance with the requirements of the Federal Rules of Bankruptcy Procedure (223Fed. R. Bankr. P.224) and Local Bankruptcy Rules (223LBR224) by providing creditor addresses that enabled proper notice upon all creditors and parties in interest of the Plan and has made service pursuant to Fed. R. Bankr. P. 7004 and LBR 3015-1(c) upon any creditor affected by an Allowed Contested Matter2 contained within the Plan as set forth in the certificate of service filed by Debtor; and (4) The Trustee has reviewed and recommends the Plan for confirmation to the court, all timely objections, if any, have been resolved, and the Plan meets the requirements of 11 U.S.C. 247 1325. Accordingly, IT IS ORDERED that The Plan is confirmed, with the following provisions set forth in Parts 2-9 below. Part 2: Plan Payments, Length of Plan and Order of Distribution 1 In a joint case, any reference to 223Debtor224 shall mean 223Debtors.224 2 Allowed Contested Matter shall have the same meaning as ascribed in LBR 3015-1(c)(1). American LegalNet, Inc. www.FormsWorkFlow.com 2 (12-01-2017) 2.1 Plan Payments and Length of Plan Amount of each Monthly Payment: $ Additional Funding Requirements: $ (Source:) Additional Funding Requirements: $ (Source:) Term of Plan: months Minimum Amount to be paid into the Plan: $ Minimum Amounts to be paid to nonpriority unsecured creditors under the Plan shall be the greater of: Liquidation: $ Disposable Income (Form 122C-2, line 45 x 60 months): $ Percentage Repayment: % 2.2 Income Tax Refunds Debtor will turn over to the Trustee all income tax refunds in excess of $1,500.00 received during the Plan term. 2.3 Order of Distribution of Plan Payments by the Trustee Subject to any alternate provision in Part 8, funds received by the Trustee for distribution to creditors under the Plan shall be disbursed to pay claims as set forth in this Order and shall be applied, after payment of applicable Trustee222s fees, in the following order of distribution: First: To pay any and all equal monthly payments required on allowed secured claims under Sections 3.2 and 3.3; Second: To pay allowed administrative expenses, including attorney222s fees under Section 4.3, pro rata, until paid in full; Third: To pay allowed secured claims pro rata until paid in full under Section 3.1; Fourth: To pay allowed priority claims pro rata until paid in full under Sections 4.4 and 4.5; and Fifth: To pay allowed unsecured claims pro rata under Part 5. In the event Debtor will make ongoing mortgage or lease installment payments through the Plan under Section 3.1 or 6.1, those payments shall be made prior to payment to any other creditor and after payment of applicable Trustee222s fees. Part 3: Secured Claims All secured creditors shall retain the liens securing their claims until the earlier of the payment of the underlying debt determined under nonbankruptcy law or discharge of the underlying debt under 11 U.S.C. 247 1328. If relief from the automatic stay is ordered as to any item of collateral listed in this Part, then all payments under this Part as to that collateral will cease, and all secured claims based on that collateral will no longer be treated by the Plan. 3.1 Maintenance of Payments and Cure of Default 037 None. (a) Prepetition Arrears Prepetition arrears owed to the creditors listed below will be paid in full by the Trustee in accordance with a timely filed proof of claim. In the absence of a contrary timely filed proof of claim, the amount stated below shall control. American LegalNet, Inc. www.FormsWorkFlow.com 3 (12-01-2017) Creditor Collateral Amount of arrearage Interest rate on arrearage (if applicable) (b) Maintenance of Payments Ongoing postpetition payments will be disbursed directly to the creditor as indicated below. Creditor Collateral Current installment payment Installment payment to be disbursed by Trustee Debtor Trustee Debtor 3.2 Payment of Secured Claim Based on Collateral Value 037 None. (a) Bifurcated claims The creditors listed below will be paid the value of their collateral pursuant to 11 U.S.C. 247 506 with present value interest pursuant to 11 U.S.C. 247 1325(a)(5). (i) Non-governmental creditor Any timely filed claim by a non-governmental unit requesting payment of a higher secured claim shall be deemed to be an unsecured claim to the extent that the amount of the filed claim exceeds the value stated below. Further, any timely filed proof of claim will be disallowed to the extent the interest rate sought exceeds the rate listed below. A filed claim seeking a lower secured claim amount or lower rate of interest on its secured claim shall be deemed to be the creditor222s consent to accept payment of said lower amount(s) and will control. (ii) Governmental creditor For secured claims of governmental units, unless otherwise ordered by the court, the value of a secured claim listed in a timely filed proof of claim controls over any contrary amount listed below. Creditor Collateral Value of collateral Interest rate Monthly payment to creditor (b) Wholly unsecured mortgage claims modified pursuant to 11 U.S.C. 247 506 The lien(s) of the creditor(s) listed below are deemed wholly unsecured and the claim(s) listed below shall be treated as unsecured under Section 5.1. Creditor Amount of claim American LegalNet, Inc. www.FormsWorkFlow.com 4 (12-01-2017) 3.3 Payment in Full of Secured Claim with Present Value Interest 037 None. The creditor(s) listed below will be paid principal owed in full, with present value interest pursuant to 11 U.S.C. 247 1325(a)(5). The amount of the claim shall be determined in accordance with a timely filed proof of claim. Any timely filed proof of claim will be disallowed to the extent the interest rate sought exceeds the rate listed below. A filed claim seeking a lower secured claim amount or lower rate of interest on its secured claim shall be deemed to be the creditor222s consent to accept payment of said lower amount(s) and will control. In the absence of a contrary timely filed proof of claim, the amount stated below shall control. Creditor Collateral Amount of claim Interest Rate Monthly payment to creditor 3.4 Judicial Liens Avoided Pursuant to 11 U.S.C. 247 522(f) 037 None. The judicial lien(s) or security interest(s) held by the creditor(s) listed below are avoided in part, or in full. The amount of the judicial lien or security interest that is avoided will be treated as an unsecured claim under Section 5.1 to the extent allowed. The amount, if any, of the judicial lien or security interest that is not avoided will be paid in full as a secured claim. Creditor Amount of secured claim after avoidance Interest rate (if applicable) 3.5 Surrender of Collateral 037 None. The collateral listed below is deemed surrendered to the creditor(s) in satisfaction of the secured portion of the creditor222s allowed claim. The stay under 11 U.S.C. 247247 362(a) and 1301(a) is terminated as to the collateral. Any allowed unsecured claim resulting from the disposition of the collateral will be treated in Section 5.1. Creditor Collateral Part 4: Fees and Priority Claims 4.1 General Trustee222s fees and all allowed priority claims, including domestic support obligations other than those treated