Proposed Plan And Notice To Creditors Form. This is a West Virginia form and can be use in Bankruptcy Court Federal.
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UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA IN RE: ____________________________(name) ____________________________(name) ) ) ) ) ) CASE NO.: _______________ PROPOSED PLAN, AND NOTICE TO CREDITORS (Model Plan Updated as of March 26, 2013) To Creditors: Read this proposed plan carefully and discuss it with your attorney. This proposed plan requests that you accept its terms and contains evidentiary matters, which, if not controverted, may be accepted by the court as true. The proposed plan may be confirmed without further notice if no objection is timely filed. If you object to any provision of this plan, you MUST file a timely written objection. Objections by any party other than the Chapter 13 Trustee must be in writing and filed with the court no later than fourteen days after the date first set for the ' 341(a) meeting of creditors. If this proposed plan was not filed at least sixteen days before the date first set for the ' 341(a) meeting of creditors, objections must be filed within thirty days from the issuance of the Clerk's notice of the confirmation hearing that accompanies this proposed plan, or amended plan. This plan does not allow claims; thus, the fact that your claim is classified herein does not mean that you will receive payment. You must file a proof of claim to be paid even if you are listed in this Plan or on the bankruptcy schedules; provided, however, that if you fail to file a timely proof of claim, the Debtor may provide information regarding the nature of your debt and amount owed to you, which, if satisfactory to the Chapter 13 trustee and the court, may be paid pursuant to a confirmed Chapter 13 plan. If the Debtor proposes to pay a claim directly, then the failure of a creditor to file a proof of claim does not excuse the Debtor from making the required direct payments; provided, however, if any part of a claim is to be paid by the Trustee, the creditor should file a proof of claim. [ ] Original Plan [ ] Pre-Confirmation Amended Plan; Date Amended:________________________ All pre-confirmation Amended Plans must be filed on this form and all pertinent sections completed, including those that are unchanged by the Amended Plan. For an Amended Plan, the Plan provisions amended by this filing are: Creditors affected by this amendment are: (List both creditor name and proof of claim #) The Debtor earns income that is: [ ] Above the Applicable Median Income [ ] Below the Applicable Median Income Estimated dividend to unsecured creditors if case was filed under Chapter 7_____% (See Exhibit A attached) Estimated dividend to unsecured creditors under this Chapter 13 plan: _____% [ ] Yes [ ] No Debtor Claims to be Eligible for Discharge: [ ] Yes [ ] No Joint Debtor Claims to be Eligible for Discharge: Any changes made to the language of this model plan by the Debtor must be placed in bold faced font. I. Plan Payments and Length The Debtor will continue to make payments for the life of the plan, regardless of whether the estimated dividend to unsecured creditors has been met. The Debtor shall pay $_________ over the life of the plan, payable in [weekly, bi-weekly, or monthly] installments of $________ over a total period of _____ months to the Trustee. OR, The Debtor anticipates changes in income and expenses over the course of the plan and propose payments as follows: The Debtor shall make [weekly, bi-weekly, or monthly] installment payments to the Trustee in the amount of $_________ over a total period of _____ months to the Trustee. Then $_________ [weekly, bi-weekly, or monthly] for a total period of ____________ months 1 American LegalNet, Inc. www.FormsWorkFlow.com Then $_________ [weekly, bi-weekly, or monthly] for a total period of ____________ months. The Schedule I net income listed for the Debtor is Less the Schedule J expenses claimed by the Debtor Equals the Debtor's claimed disposable income based on Schedules I & J $_______ $_______ $_______ If the Debtor has above median income, the Debtor listed disposable income on Form B22C (Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income) in the amount of $_________. The Debtor shall make plan payments by: [ ] A wage withholding order: (Name of Employer)_________________________ (Address) _________________________________ _________________________________________ (Telephone) _______________________________ Name of Employer__________________________ Address___________________________________ __________________________________________ (Telephone)________________________________ [ ] Direct payment by the Debtor. (Unless otherwise exempted from the wage withholding requirement, checking this box requires the Debtor to make a motion to the Bankruptcy Court explaining why there is to be no wage withholding order). In addition to the monthly plan payments proposed by the Debtor, the following additional property is dedicated to pay claims against the Debtor: ___________________________________________________________________________________ ____________________________________________________________________________________________________ (Specify property or indicate if none). Additional property increases the gross base of the plan. TAX REFUNDS - Regarding the receipt of future tax refunds, the Debtor proposes to: [ ] Dedicate all amounts over $1,500 from all tax refunds to increase the gross base of the Chapter 13 plan; [ ] Dedicate the entire amount of all tax refunds to increase the gross base on the proposed Chapter 13 Plan; OR [ ] Other. Please explain:____________________________________________________________________________ _________________________________________________________________________________________________ The Debtor shall submit all tax refunds that are dedicated to the Plan to the Trustee within 30 days of receipt of the same. EFFECTIVE DATE. Plan payments shall commence not later than 30 days after the filing of the petition or date of conversion from another chapter. The amount of the monthly plan payment may be increased without notice at or before the confirmation hearing. The proposed plan length runs from: [ ] The date that the first plan payment is made pursuant to § 1326(a)(1); or, [ ] The date of confirmation, with all pre-petition payments being dedicated to pay claims against the Debtor. ADEQUATE PROTECTION PAYMENTS. Unless otherwise ordered, if a secured creditor is being paid through the Trustee, the