District of South Carolina Chapter 13 Plan 12/17 Part 1: Notices To Debtors: This form sets out options that may be appropriate in some cases, but the presence of an option on the form does not indicate that the option is appropriate in your circumstances. Plans that do not comply with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, this Court222s local rules, and judicial rulings may not be confirmable. In the following notice to creditors, you must check each box that applies. To Creditors: Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated. You should read this plan carefully and discuss it with your attorney if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one. Failure to object may constitute an implied acceptance of and consent to the relief requested in this document. If you oppose the plan222s treatment of your claim or any provision of this plan, you or your attorney must file an objection to confirmation at least 7 days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy Court. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed. See Bankruptcy Rule 3015. In addition, pursuant to Federal Rule of Bankruptcy Procedure 3002, you must file a timely proof of claim in order to be paid under any plan. Confirmation of this plan does not bar a party in interest from objecting to a claim. The following matters may be of particular importance. Debtors must check one box on each line to state whether or not the plan includes each of the following items. If an item is checked as 223Not Included224 or if both boxes are checked, the provision will be ineffective if set out later in the plan. 1.1 A limit on the amount of a secured claim, set out in Section 3.2, which may result in a partial payment or no payment at all to the secured creditor Included Not included 1.2 Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set out in Section 3.4 Included Not included 1.3 Nonstandard provisions, set out in Part 8 Included Not included 1.4 Conduit Mortgage Payments: ongoing mortgage payments made by the trustee through plan, set out in Section 3.1(c) and in Part 8 Included Not included Check if this is a modified plan, and list below the sections of the plan that have been changed. Pre-confirmation modification Post-confirmation modification Debtor 1 First Name Middle Name Last Name Debtor 2 (Spouse, if filing) First Name Middle Name Last Name United States Bankruptcy Court for the: District of South Carolina Case number (If known) Fill in this information to identify your case: American LegalNet, Inc. www.FormsWorkFlow.com Debtor Case Number District of South Carolina Page 2 Effective December 1, 2017 Chapter 13 Plan Part 2: Plan Payments and Length of Plan 2.1 The debtor submits to the supervision and control of the trustee all or such portion of future earnings or other future income as is necessary for the execution of the plan. Unless all allowed claims (other than long-term claims) are fully paid pursuant to the plan, the debtor will make regular payments to the trustee as follows: $ per month for months [and $ per month for months.] Insert additional lines if needed. The debtor and trustee may stipulate to a higher payment in order to provide adequate funding of the plan without the necessity of a modification to the plan. The stipulation is effective upon filing with the Court. Additional monthly payments will be made to the extent necessary to make the payments to creditors specified in this plan. 2.2 Regular payments to the trustee will be made from future income in the following manner: Check all that apply. The debtor will make payments pursuant to a payroll deduction order. The debtor will make payments directly to the trustee. Other (specify method of payment):. 2.3 Income tax refunds. Check one. The debtor will retain any income tax refunds received during the plan term. The debtor will treat income tax refunds as follows: 2.4 Additional payments. Check one. None. If 223None224 is checked, the rest of 247 2.4 need not be completed or reproduced. The debtor will make additional payment(s) to the trustee from other sources, as specified below. Describe the source, estimated amount, and date of each anticipated payment. Part 3: Treatment of Secured Claims To receive a distribution from the trustee, a proof of claim, including adequate supporting documentation and filed in compliance with Official Rules and Forms, must be filed with the Court. For purposes of plan distribution, a claim shall be treated as provided for in a confirmed plan. However, if a claim is treated as secured in a confirmed plan and the affected creditor elects to file an unsecured claim, such claim, unless timely amended, shall be treated as unsecured for purposes of plan distribution. Any creditor holding a claim secured by property that is removed from the protection of the automatic stay by order, surrender, or through operation of the plan will receive no further distribution from the chapter 13 trustee on account of any secured claim. This provision also applies to creditors who may claim an interest in, or lien on, property that is removed from the protection of the automatic stay by another lienholder or released to another lienholder, unless the Court orders otherwise, but does not apply if the sole reason for its application arises under 11 U.S.C. 247 362(c)(3) or (c)(4). Any funds that would have otherwise been paid to a creditor, but pursuant to these provisions will not be paid, will be distributed according to the remaining terms of the plan. Any creditor affected by these provisions and who has filed a timely proof of claim may file an itemized proof of claim for any unsecured deficiency within a reasonable time after the removal of the property from the protection of the automatic stay. Secured creditors that will be paid directly by the debtor may continue sending standard payment and escrow notices, payment coupons, or inquiries about insurance, and such action will not be considered a violation of the automatic stay. American LegalNet, Inc. www.FormsWorkFlow.com Debtor Case Number District of South Carolina Page 3 Effective December 1, 2017 Chapter 13 Plan 3.1 Maintenance of payments and cure or waiver of default, if any. Check all that apply. Only relevant sections need to be reproduced. None. If 223None224 is checked, the rest of 247 3.1 need not be completed or reproduced. 3.1(a) The debtor is not in default and will maintain the current contractual installment payments on the secured claims listed below, with any changes required by the applicable contract and noticed in conformity with any applicable rules. These payments will be disbursed directly by the debtor. Name of Creditor Collateral Insert additional claims as needed. 3.1(b) The debtor is in default and will maintain the current contractual installment payments on the secured claims listed below, with any changes required by the applicable contract and noticed in conformity with any applicable rules. The arrearage payments will be disbursed by the trustee, with interest, if any, at the rate stated. The trustee shall pay the arrearage as stated in the creditor222s allowed claim or as otherwise ordered by the Court. Name of Creditor Collateral Estimated amount Interest rate on Monthly plan payment on of arrearage arrearage arrearage (if applicable) $ % $ Includes amounts accrued through the [Month/Year] payment] (or more) Insert additional claims as needed. 3.1(c) The debtor elects to make post-petition mortgage payments to the trustee for payment through the Chapter 13 Plan in accordance with the Operating Order of the Judge assigned to this case and as provided in Section 8.1. In the event of a conflict between this document and the Operating Order, the terms of the Operating Order control. 3.1(d) The debtor proposes to engage in loss mitigation efforts with according to the applicable guidelines or procedures of the Judge assigned to this case. Refer t