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Chapter 13 Plan - Effective 10-17-05 Form. This is a Washington form and can be use in USBC Western Federal.
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Tags: Chapter 13 Plan - Effective 10-17-05, Washington Federal, USBC Western
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF WASHINGTON
In re:
Case No.
CHAPTER 13 PLAN
__Original __Amended
Debtor(s).
Date: ___________________
1. Plan Payments:
No later than 30 days after the filing of the Plan or the order for relief, whichever date is earlier, the Debtor(s)
will commence making payments to the Trustee as follows:
A. AMOUNT: $ ________; FREQUENCY: ___Monthly; ___Semi-Monthly; ___Bi-Weekly; ___Weekly
B. TAX REFUNDS: Debtor(s) ___COMMITS; ___DOES NOT COMMIT; all tax refunds to funding the
Plan. Committed refunds shall be paid in addition to the plan payment stated above. If no selection is
made, tax refunds are committed.
C. PAYMENTS: Plan payments shall be deducted from the Debtor(s) wages unless otherwise agreed to by
the Trustee or ordered by the Court.
D. OTHER: __________________________________________________________________________
2. Plan Duration:
Debtor(s) estimate the Plan will run approximately _____ months. Plan may be extended up to 60 months
after the first payment is due if necessary to complete the Plan.
3. Distribution of Plan Payments:
The Trustee shall disburse funds received in the following order:
A. ADMINISTRATIVE EXPENSES:
1. Trustee. The percentage set pursuant to 28 USC §586(e).
2. Other administrative expenses. As allowed pursuant to 11 USC §§ 507(a)(2) or 707(b).
3. Attorney's Fees: Original attorney's fees of $__________, of which $__________ remains unpaid.
Select applicable option: a. ____ Prior to all creditors; b. ______ Monthly payments of $______;
c.____ All remaining funds available after designated monthly payments to the following
creditors:___________________________________________________________________.
If no selection is made, fees will be paid after monthly payments specified in Paragraphs 3B and 3C.
d. ______ Other:_____________________________________________________________.
B. CURRENT DOMESTIC SUPPORT OBLIGATION: Payments to creditors whose claims are filed and
allowed pursuant to 11 USC § 502(a) or court order as follows (if left blank, no payments shall be made
by the Trustee):
Creditor
_________________
_________________
Monthly amount
$______
$______
C. SECURED CLAIMS: Payments to creditors whose claims are filed and allowed pursuant to 11
USC § 502(a) or court order, as stated below. Unless ranked otherwise, payments to creditors will be
disbursed at the same level. Secured creditors shall retain their liens until the payment of the underlying
debt, determined under nonbankruptcy law, or discharge under 11 USC § 1328, as appropriate. Secured
creditors, other than current mortgage payments and continuing payments and except as provided in 26
USC § 6621(a)(2) and 11 USC § 1322(b)(2) as limited by 11 USC § 1325(a), will be paid the amount of
their claim or the value of their collateral, whichever is less, plus per annum uncompounded interest from
the Petition filing date. Interest rate and monthly payment in the Plan control unless a creditor timely
files an objection to confirmation. Value of collateral stated in the Proof of Claim controls unless
otherwise ordered following timely objection to claim. The unsecured portion of any claim shall be paid
as a nonpriority unsecured claim unless entitled to priority by law. Any creditors holding allowed
secured claims not specified below shall not receive payment from the Trustee. If the interest rate is
left blank, the applicable interest rate shall be 12%.
[Local Bankruptcy Form 13-3]
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1. Payments That Will Continue Beyond The Term Of The Plan (Interest included in payments at
contract rate, if applicable):
Rank
____
____
____
Creditor
__________________
__________________
__________________
Nature of Debt
____________________
____________________
____________________
Property
__________________
__________________
__________________
Monthly Payment
$_____________
$_____________
$_____________
2. Mortgage Arrearage /Property Tax Arrearage Payments:
Rank
____
____
____
____
Periodic
Payment
$______
$______
$______
$______
Creditor
_________________
_________________
_________________
_________________
Property
____________________
____________________
____________________
____________________
Arrears to be
Cured
$_______
$_______
$_______
$_______
Interest
Rate
___%
___%
___%
___%
3. Other Claims Secured by Personal Property:
(a). Unless written consent to the alternative treatment as set forth below is filed with the court, the
trustee shall pay the contract balance as stated in the Proof of Claim for a purchase-money security interest in
any motor vehicle acquired for the personal use of the debtor(s) within 910 days preceding the filing date of
the Petition or in other personal property acquired within one year preceding the filing date of the Petition as
follows. Debtor(s) stipulate that pre-confirmation adequate protection payments shall be paid by the Trustee
as specified. If no amount is specified, the Trustee shall pay the amount stated as the “Equal Periodic
Payment”.
(i).
Payment of contractual balance
Equal
Periodic
Rank Payment
____ $______
____ $______
____ $______
____ $______
Creditor
______________
______________
______________
______________
Description
of
Collateral
_________________
_________________
_________________
_________________
Pre-Confirmation
Adequate Protection
Payment
$_______
$_______
$_______
$_______
Interest
Rate
___%
___%
___%
___%
(ii). Proposed Alternative Treatment, which shall not be binding upon the creditor without
written consent filed with the court.
Equal
Periodic
Rank Payment
____ $______
____ $______
____ $______
____ $______
Creditor
______________
______________
______________
______________
Debtor(s)
Value of
Collateral
$_______
$_______
$_______
$_______
Description
of
Collateral
_____________
_____________
_____________
_____________
Pre-Confirmation
Adeq. Protection
Payment
$_______
$_______
$_______
$_______
Interest
Rate
___%
___%
___%
___%
(b). The following secured claims are not for a motor vehicle acquired for the personal use of the
Debtor(s) within 910 days preceding the filing date of the Petition and are not for other personal property
acquired within one year preceding the filing date of the Petition. Debtor(s) stipulate that pre-confirmation
adequate protection payments shall be paid by the Trustee as specified. If no amount is specified, the Trustee
shall pay the amount stated as the “Equal Periodic Payment”.
Equal
Periodic
Rank Payment
____ $______
____ $______
____ $______
____ $______
Creditor
______________
______________
______________
______________
Debtor(s)
Value of
Collateral
$_______
$_______
$_______
$_______
Description
of
Collateral
_____________
_____________
_____________
_____________
Pre-Confirmation
Adeq. Protection
Payment
$_______
$_______
$_______
$_______
Interest
Rate
___%
___%
___%
___%
[Local Bankruptcy Form 13-3]
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www.FormsWorkflow.com
D. PRIORITY CLAIMS: Payment in full, on a pro rata basis, of filed and allowed claims entitled to priority
in the order stated in 11 USC § 507(a).
E. NONPRIORITY UNSECURED CLAIMS: From the balance remaining after the above payments, the
Trustee shall pay filed and allowed nonpriority unsecured claims as follows:
1.
Specially Classified Unsecured Claims. The Trustee shall pay prior to other nonpriority unsecured
claims as follows:
Amount of
Percentage
Reason for Special
Rank
Creditor
Claim
To be Paid
Classification
____
_____________
$_________
________%
__________________
____
_____________
$_________
________%
__________________
2.
Other Unsecured Claims. The Debtor(s) will pay 100% to claimants in this class, or pay projected
disposable income for no less than the Applicable Commitment Period of either 36 or 60 months as
stated below (choose a. or b., but not both):
(a). % paid to unsecureds: 100% ____
OR
(b). Pursuant to 11 USC § 1325(b), debtor(s) projected disposable income during the applicable
commitment period of no fewer than ____ months totals $________, and not less than that total
amount shall be distributed to allowed nonpriority unsecured claims. Plan would thus yield
approximately ____% to nonpriority unsecureds. Percentage may vary depending upon funds
available after payments required under Paragraphs 3A-3E1 and upon total of claims filed.
4. Secured Property Surrendered:
The secured property described below will be surrendered to the following named creditors on confirmation.
Upon confirmation, all creditors to which the debtor is surrendering property pursuant to this paragraph are
granted relief from the automatic stay to enforce their security interest against the property including taking
possession and sale.
Creditor
Property to be Surrendered
5. Executory Contracts and Leases:
The Debtor(s) will assume or reject executory nonresidential contracts or unexpired leases as noted below.
Assumption will be by separate motion and order, and any cure and/or continuing payments will be paid
directly by the Debtor(s) under Paragraph 6, unless otherwise specified in Paragraph 10 with language
designating that payments will be made by the Trustee, the amount and frequency of the payments, the
ranking level for such payments with regard to other creditors, the length of the term for continuing payments
and the interest rate, if any, for cure payments. Any executory contract or unexpired lease not assumed
pursuant to 11 USC § 365(d) is rejected. If rejected, the Debtor(s) shall surrender any collateral or leased
property and any duly filed and allowed unsecured claim for damages shall be paid under Paragraph 3E2.
Contract/Lease
Assumed or Rejected
6. Payments Made by Debtor(s) and not by the Trustee:
The following creditors shall be paid directly by the Debtor(s) according to the terms of the contract or
support or withholding order, and shall receive no payments from the Trustee. (Payment stated shall not bind
any party)
A. DOMESTIC SUPPORT OBLIGATIONS: The claims of the following creditors owed domestic support
obligations shall be paid directly by the Debtor(s) as follows:
Creditor
_____________
_____________
_____________
Current Monthly Support Obligation
$_____________
$_____________
$_____________
Monthly Arrearage Payment
$______________
$______________
$______________
[Local Bankruptcy Form 13-3]
American LegalNet, Inc.
www.FormsWorkflow.com
B. OTHER DIRECT PAYMENTS:
Creditor
_____________
_____________
_____________
Nature of Debt
_____________________
_____________________
_____________________
Amount of Claim
$_____________
$_____________
$_____________
Monthly Payment
$______________
$______________
$______________
7. Revestment of Property
Unless otherwise provided in Paragraph 10, during the pendency of the plan all property of the estate as
defined by 11 USC § 1306(a) shall remain vested in the Debtors, except that earnings and income necessary
to complete the terms of the Plan shall remain vested in the Trustee until discharge. The Debtor(s) shall not,
without approval of the Court, sell or otherwise dispose of or transfer real property other than in accordance
with the terms of the confirmed Plan.
8. Liquidation Analysis Pursuant to 11 USC § 1325(a)(4)
No less than $_______ shall be distributed to priority and nonpriority unsecured claims. Under 11 USC §§
1325(a)(4) and 726(a)(5), interest on allowed unsecured claims under Paragraphs 3D and 3E shall be paid at
the rate of ______% per annum from the Petition filing date (no interest shall be paid if left blank).
9. Certification:
A. The Debtor(s) certifies that all post-petition Domestic Support Obligations have been paid in full on the
date of this Plan and will be paid in full at the time of the confirmation hearing. Debtor acknowledges
that timely payment of such post-petition Domestic Support Obligations is a condition of Plan
confirmation pursuant to 11 USC § 1325(a)(8).
B. The Debtor(s) or their attorney certifies that this Plan does not alter the provisions of Local Bankruptcy
Form 13-3 except as follows:
10. Other Plan Provisions: (must be separately numbered)
_______________________
Attorney for Debtor(s)
_____________________________________________________
DEBTOR
Last 4 digits SS#
Date
_______________________
Date
_____________________________________________________
DEBTOR
Last 4 digits SS#
Date
[Local Bankruptcy Form 13-3]
American LegalNet, Inc.
www.FormsWorkflow.com