Chapter 12 Plan And Valuation Motion Form. This is a Oregon form and can be use in Bankruptcy Court Federal.
Tags: Chapter 12 Plan And Valuation Motion, 1200, Oregon Federal, Bankruptcy Court
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. UNITED STATES BANKRUPTCY COURT Calendar No. DISTRICT OF OREGON: In re Debtor(s) l. 2. : ) JUDICIAL Plaintiff(s) ) Case No._______________________ -against: ) ) CHAPTER 12 PLAN DATED_______________ ) AND VALUATION MOTION : SUBPOENA The debtor shall pay to the trustee (a) a periodic payment of $________________________________________________ every : _____________________(insert either month, quarter, six months or year); (b) all proceeds from avoided transfers; (c) all tax refunds attributable to prepetition tax years and net tax refunds Defendant(s) postpetition tax years (i.e., tax refunds not included on Schedule attributable to : . tax . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . . . . . . . . . I, less . . . paid .by.debtor .pursuant . . a deficiency shown. on any tax. return.for that same postpetition tax year) received by the debtor for: The life of the plan or 36 months from the date the first plan payment is due (check the applicable provision; if neither is checked, “for the life of the plan” applies); (d) a lump sum payment of $_______________on _____________(date); and (e) ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________. THE PEOPLE OF THE STATE OF NEW YORK From the payments so received, the trustee shall make disbursements as follows: TO (a) First, to the trustee's commission and expenses. (b) Second, with respect to secured creditors, the terms of the debtor's prepetition agreement with each secured creditor shall continue to apply, except as otherwise provided for in this plan or the confirmation order. If a creditor is not fully secured, the unsecured portion of the creditor's claim shall be treated under the provisions of ¶ 2(d) if the claim identifies the priority portion of the claim, and, if not, under the provisions of ¶ 2 (e). The following also apply: GREETINGS: (1) To creditors whose claims have been timely filed and allowed as secured, make payments as follows (estimated prepetition arrearages on property must be shown all business and excuses being laidsuch if debtor is curing defaults under 11 USC WE COMMAND YOU, that below, separately, and identified as aside, you and each of you attend before §1222(b)(5)): , the Honorable at the Court Postconfirmation Periodic located at County of Creditor Collateral Its Value Term of Payments Interest Rate Payment 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 Any allowed secured claims will be paid in installments as shown above and secured creditors shall retain their liens. If payments Your failure to comply with this has been paid, the payments a contempt of court and will make you liable to to a creditor are to begin after debtor’s attorney subpoena is punishable as to said attorney shall not exceed $________________ the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a before the creditor is paid. result of your failure to comply. No interest shall be paid from the date of the filing of the petition to the date of confirmation unless ¶ 11 identifies the creditor(s) to whom such interest shall be paid. The interest rate for each creditor so identified shall be the amount stated in ¶ 11 (if no rate Witness, Honorable , one of the Justices of the is specified the rate shall be the greater of 9% or the stated postconfirmation rate for said creditor). If no postconfirmation interest Court in County, day of 20 rate is stated for a creditor, the interest rate applicable to that ,creditor's secured claim shall be 9%. If the collateral is not to be sold, the value of the collateral shall be fixed in the amount stated above for purposes of administration of this plan as well as for purposes of the amount of any secured claim, if undersecured, unless objected to at (Attorney must sign above expiration of time or before the first date set for the confirmation hearing on this plan or, if applicable, prior toand type name below)to object to this proposed modified plan, in which case the value will be determined by the court. If the collateral is to be sold the value shall be the sales price. The debtor MOVES the court for an order so fixing the value of the collateral. Attorney(s) for (2) The debtor shall surrender any collateral which is not otherwise addressed by the terms of this plan no later than upon confirmation of this plan to the following creditors (state creditor NAME and DESCRIBE collateral to be surrendered): Office and P.O. Address (c) Third, pro rata, until fully paid, the balance of any payment to allowed administrative expenses referred to in §507(a)(1). (d) Fourth, pro rata, until fully paid, to timely filed and allowed priority claims in the order stated in §507(a)(3)-(8). (e) Fifth, pro rata, to timely filed and allowed nonpriority unsecured claims, the amounts required by §1225(b)(1). These monies will be distributed in the method indicated in the applicable section marked below. The terms of ¶ 8 shall also apply. Telephone No.: (1) The creditors will receive approximately _______% of their claims. This percentage will vary depending on the amount Facsimile No.: of total creditors' claims filed. E-Mail Address: (2) The creditors will receive a minimum _______ % of their claims. This percent will not be reduced despite the amount of Mobile Tel. No.: total creditors' claims filed. 1200 (3/15/98) Page 1 of 2 [NOTE: Printed text may NOT be stricken!] American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. (3) Pursuant to §1225(a)(4), the unsecured creditors as a group will receive 100 % a minimum of $______________ : Calendar No. (check applicable provision; if neither is stricken, "100%" controls) plus ______% shall be paid on all timely filed and allowed priority and nonpriority unsecured claims from the date of plan confirmation to compensate for deferred payment. 3. Plaintiff(s) : The debtor moves for assumption of the following executory contracts and leases: Creditor -against- JUDICIAL SUBPOENA : Amount of Default [State if None] Cure Provisions : Those executory contracts or leases not specifically mentioned above are treated as rejected. Any timely filed and allowed claim arising : from rejection shall be treated under ¶ 2(e). The debtor will pay all assumed executory contracts and leases directly, including amounts required to cure. The debtor shall surrender any property covered by rejected executory contracts or leases to the affected creditor no Defendant(s) : later than upon confirmation of this plan. ...................................................... 4. The following creditors' claims are fully secured, shall be paid directly by the debtor pursuant to the original contract terms, and receive no payments under ¶ 2: THE PEOPLE OF THE STATE OF NEW YORK 5. The property described below is to be sold [also state offering price and whether it will be offered through a broker (and if so, who), and TO date by which it will be sold and what will occur if it is not timely sold], all offers received by the debtor shall be promptly state communicated to the trustee and lienholders, and no sale of such property shall be completed without notice to lienholders and the trustee and an opportunity for a hearing: GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court 6. Untimely claims shall be treated as allowed claims unless disallowed by court order, but shall be subordinated to timely filed claims located paid County of claims provided for in ¶ 2(b), and at pro rata only after full payment of timely filed claims and only to the extent except secured in room on the day of , 20 , at o'clock in the noon, and at any recessed necessary for the plan to, comply with §1225(a)(4) and §1225(b)(1)(B). or adjourned date, to testify and give evidence as a witness in this action on the part of the 7. Except as provided in this plan or in the order confirming the plan, upon confirmation of this plan all of the property of the estate shall vest in the debtor(s) free and clear of any claim or interest of any creditor provided for by this plan pursuant to 11 USC §1227. 8. Your failure to comply with this subpoena is punishable as contempt of court and under the you liable to [To be completed if plan will not be completed until more than 36 months afterathe first plan payment duewill make originally filed plan.] The scheduled month and this subpoena was issued for aismaximum penalty of $50 the cause for a plan longer than 36 the party on whose behalf year the plan will be completed __________________ and and all damages sustained as a m result of your failure to n o t h s i s : comply. _____________________________________________________________________________________________________________. Except as otherwise explicitly provided by ¶ 11, the debtor shall make plan payments for the longer of either: (a) 36 months from the Witness, Honorable , one of the Justices of the date the first payment is due under the original plan, unless the debtor pays 100% of all claims with interest if required, or (b) the time Court in County, , 20 necessary to complete required payments to day of creditors. 9. This plan may be altered postconfirmation in a non-material manner by court order after notice to the debtor, the trustee and any creditor whose claim is the subject of the modification. (Attorney must sign above and type name below) 10. Except as otherwise provided herein, (a) postpetition interest on all unsecured claims is disallowed, and (b) unsecured claims allowed in the amount of $25 or less, to the extent claims of that class are entitled to a distribution under this plan, shall be paid in the full amount allowed prior to any payments to other unsecured claims of the same class. Attorney(s) for 11. Office and P.O. Address Telephone No.: DATED: ________________________ _________________________________________________ Facsimile No.: E-Mail Address: _________________________________________________ Mobile Tel. No.: DEBTOR(S) 1200 (3/15/98) Page 2 of 2 [NOTE: Printed text may NOT be stricken!] American LegalNet, Inc. www.USCourtForms.com