Chapter 13 Plan Form. This is a Oregon form and can be use in Bankruptcy Court Federal.
Tags: Chapter 13 Plan, 1300, Oregon Federal, Bankruptcy Court
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : In re Debtor(s) Index No. : Calendar No. UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON : ) JUDICIAL Plaintiff(s) ) Case No. ______________________ ) (NOTE: If blank, Case No.:will be -against) on the Meeting of Creditors Notice) ) : ) CHAPTER 13 PLAN DATED ____________ MOTION TO VALUE COLLATERAL : MOTION TO AVOID LIENS [MARK above IF motion(s) included] Defendant(s) SUBPOENA : . .... ... .. . ....... ..a ..... ...... . ........... The .debtor .shall .pay .to .the trustee:. (a) . .periodic. payment.of.$______________________________________________________ every _________________________________________________________________________________(insert either month or quarter); (b) all proceeds from avoided transfers; (c) upon receipt by the debtor, all tax refunds attributable to prepetition tax years and net tax refunds attributable to postpetition tax years (i.e., tax refunds not included on Schedule I, less tax paid by debtor for a deficiency shown on any tax return for that same tax year or tax paid by setoff by a tax agency for a postpetition tax year) for: The lifeTHE PEOPLE OF THE STATEthe date the YORK payment is due (Check the applicable provision; if neither is checked, of the plan, or 36 months from OF NEW first plan “for the life of the plan” applies); (d) a lump sum payment of $____________________on or before ____________(date); and (e) _______________________________________________________________________________________________________ TO _______________________________________________________________________________________________________. Debtor acknowledges that if the debtor is ever more than 30 days delinquent on any payment due under section 1(a) of this plan, upon request of the trustee, a wage deduction order to debtor's employer may issue immediately. 2. The trustee shall apply all funds received pursuant to ¶ 1 as follows: (a) GREETINGS: 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 WE COMMANDotherwise provided in this and excuses confirmation order. If aand eachis not fully secured, the to apply, except as YOU, that all business plan or in the being laid aside, you creditor of you attend before unsecured portion of the creditor's claim shall be treated under the provisions of ¶ 2(d) and (e) if the claim identifies the priority , the Honorable claim, and, if not, under the provisions ofat the only. The following also apply: Court portion of the ¶ 2 (e) (1) From located ¶ County of the payments received pursuant to at1, if a claim has been timely filed and allowed as secured, make payments to the following holders of such claims as detailed below. 20 in room , on the day of , ESTIMATED PREPETITIONthe , at o'clock in ARREARAGES, IFat any recessed noon, and CURING AND REINSTATING, MUST BE SHOWN BELOW. or adjourned date, to testify and give evidenceEstimated as a witness in this action on the part of the Arrearage Collateral Postconfirmation Periodic Creditor Collateral if Curing Value Interest Rate Payment l. 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. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Any allowed secured claims will be paid in installments as shown above, and secured creditors shall retain their liens until terminated by law. Should the trustee not have sufficient funds in trust to pay fully the disbursements listed above, disbursement of funds available shall be made pro rata. Unless otherwise stated, secured claims shall be paid current pursuant to this plan Attorney(s) for before any further disbursements are made to ¶¶ 2(c), (d) and (e). No interest shall be paid from the date of the filing of the petition to the date of confirmation unless ¶ 10 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 ¶ 10 (if no rate is specified the rate shall be the greater of 9% or the stated postconfirmation rate for said creditor). If no postconfirmation interest rate is stated for a creditor, the interest rate applicable to that creditor's secured claim shall be 9%. Office and P.O. Address 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 or before the first date set for the confirmation hearing on this plan or, if applicable, prior to expiration of time 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 anTelephone No.: value of the collateral. order so fixing the Facsimile No.: (2) Attorney Fees: Original attorney fees are $________________; of which $_________________remains unpaid. Said fees E-Mail Address: Prior to all creditors; or are to be paid either: From all available funds after ¶ 2(b) payments are made; Other _______________________________________________________________________________________________________ Mobile Tel. No.: 1300 (6/2/01) Page 1 of 3 [NOTE: Printed text may NOT be stricken!] American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (3) The debtor shall surrender any collateral not otherwise addressed by the terms of this plan no later than upon confirmation of this plan to the following (i.e., state creditor NAME followed by:DESCRIPTION of collateral to be surrendered): JUDICIAL SUBPOENA Plaintiff(s) -against- : : (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 §1325(b)(1). These monies : will be distributed in the method indicated in the section marked below [MARK ONLY ONE]. The terms of ¶ 8 shall also apply. (1) The creditors will receive approximately __________% of their claims. Payment of any dividend will depend upon Defendant(s) : . . . . . . . .secured.values.at the.time of confirmation, the.total amount.of.allowed claims, and the costs of administration, including ..... .... ... ................. ........ . .. all allowed attorneys' fees of the debtor. (2) The creditors will receive a minimum __________% of their claims. This percentage will not be reduced despite the amount of total creditors' claims filed. (f) [Not Applicable if NA inserted in the blank] Pursuant to §1325(a)(4), the "best interest of creditors" number is determined to THE PEOPLE OF THE and not less than thatYORK shall be distributed to creditors pursuant to ¶¶ 2(d) and (e). be $________________, STATE OF NEW amount (g) [Not Applicable if NA is inserted in the blank] Pursuant to § 1325(a)(4), all allowed unsecured claims shall receive interest of TO __________% from the time of confirmation. 3. The debtor ASSUMES the following executory contracts and leases: Creditor Amount of Default [State if None] Cure Provisions GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of 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 ¶of executory the in room , on the day 2(e). The debtor 20 pay,all assumedo'clock incontracts and leases directly, including , will at noon, and at any recessed amounts required to cure. The debtor shall surrender any property covered by rejected executory contracts or leases to the affected or adjournedthan upontestify and givethis plan. as a witness in this action on the part of the date, to confirmation of evidence creditor no later 4. The debtor shall pay directly to each of the following creditors, whose debts are either fully secured or are secured only by a security interest in real property that is the debtor's principal residence, the regular payment due postpetition on these claims in accordance with the terms of their respective contracts, list any prepetition arrearages in ¶ 2(b), and/or specify any other treatment of such secured creditor(s) in Your failure ¶ atcomply of this plan: an additional to the end 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. 5. Subject to the Witness, Honorable provisions of § 502, untimely claims are disallowed, without the need for ,formal objection, unless allowed by court one of the Justices of the order. County, day of , judicial liens of the following creditors because they impair an 6. (a) Courtdebtor MOVES, pursuant to §522(f)(1)(A), to avoid the 20 The in exemption(s) of the debtor: (Attorney must sign above and type name below) (b) The debtor MOVES, pursuant to §522(f)(1)(B), to avoid the non-purchase money security interests of the following creditors because they impair an exemption(s) of the debtor: Attorney(s) for Absent objection from a creditor, filed prior to the first date set for the confirmation hearing on this plan, the order of confirmation will avoid its lien and its claim will be treated in ¶ 2(e). 7. 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, may be paid in the full Office and amount allowed prior to any payments to other unsecured claims of the same class. P.O. Address 8. [To be completed if plan will not be completed until more than 36 months after the first plan payment due under the originally filed plan.] The approximate length of the plan is _____ months; cause to extend longer than 36 months is as follows: Telephone No.: Facsimile No.: Except as otherwise explicitly provided by ¶ 10, the debtor shall make plan payments for the longer of either: (a) 36 months from E-Mail Address: 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) Mobile Tel. No.: the time necessary to complete required payments to creditors. 1300 (6/2/01) Page 2 of 3 [NOTE: Printed text may NOT be stricken!] American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : 9. Index No. : Calendar to the This plan may be altered postconfirmation in a non-material manner by court order after notice No. debtor, the trustee, any creditor whose claim is the subject of the modification and any interested party who has requested special notice. Plaintiff(s) -against- : JUDICIAL SUBPOENA : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: ____________________________________________ DEBTOR ____________________________________________ DEBTOR WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before I CERTIFY this document FULLY complies with LBR 1001-1.F.____________ , the Honorable at the Court Initials located at County of IN ORDER TO ASSURE PROPER SERVICE ON ALL CREDITORS LISTED IN ¶¶ 2(b)(1) OR 6 OF THE PLAN pursuant to in room , on the day of , 20 , at o'clock in the noon, and at any recessed FRBPs 3012, 4003(d), 9014 and 7004: (a) I LISTED ONas a witness in this action such creditors, the than insured depository or adjourned date, to testify and give evidence THE MAILING MATRIX on the part of other institutions, in care of a person or entity authorized to be served; AND (b) I SERVED VIA CERTIFIED MAIL, ON ______________, COPIES OF THIS PLAN ON any insured depository institution(s) affected by ¶¶ 2(b)(1) or 6 of the Plan [FRBP 7004(h)] ; AND (c) THE FOLLOWING LIST SEPARATELY IDENTIFIES all such creditors served via matrix listing and such creditors served via certified mail INCLUDING the names AND addresses of ALL is punishable as a contempt ofWith respect to creditors served via Your failure to comply with this subpoena such creditors served (NOTE: court and will make you liable to matrixthe party on whose behalf this subpoena was issued to thatmaximum penalty of $50 and all damages sustained as a listing, the list of names and addresses IS IDENTICAL for a included in the matrix): result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address 1300 (6/2/01) Page 3 of 3 Telephone No.: Facsimile No.: E-Mail Address: _______________________________ Mobile Tel. No.: DEBTOR OR DEBTOR’S ATTORNEY [NOTE: Printed text may NOT be stricken!] American LegalNet, Inc. www.USCourtForms.com