Chapter 13 Plan

LOCAL FORM 10-24-17 V 1 1 LOCAL FORM FOR A CHAPTER 13 PLAN UNDER FEDERAL RULE OF BANKRUPTCY PROCEDURE 3015.1 AND ADMINISTRATIVE ORDER NO. 17-04 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN IN RE: CASE NO. CHAPTER 13 S.S.# XXX-XX- JUDGE Debtor and S.S.# XXX-XX- Joint-Debtor Debtor(s) / CHAPTER 13 PLAN [ ] Original OR [ ] Pre-Confirmation Modification # I. NOTICES TO CREDITORS: YOUR RIGHTS MAY BE AFFECTED BY THIS PLAN. THIS PLAN MAY BE CONFIRMED AND BECOME BINDING WITHOUT FURTHER NOTICE OR HEARING UNLESS A TIMELY WRITTEN OBJECTION IS FILED. READ THIS DOCUMENT CAREFULLY AND CONSIDER SEEKING THE ADVICE OF AN ATTORNEY. Debtor must check one box on each line to state whether or not the Plan includes each of the following items: A. Nonstandard Provisions set out in Section IV. Under Federal Rule of Bankruptcy Procedure 3015(c), a 223nonstandard provision224 means a provision that is not otherwise included in the approved form for a Chapter 13 Plan in the Eastern District of Michigan. Included Not included B. A limit on the amount of a secured claim based on a valuation of the collateral for the claim. Included Not included C. Avoidance of a security interest or lien. Included Not included IF AN ITEM IS CHECKED AS 223NOT INCLUDED224 OR IF BOTH BOXES ARE CHECKED, THE PROVISION IS VOID EVEN IF OTHERWISE INCLUDED IN THE PLAN. ANY 223NONSTANDARD PROVISION224 THAT IS NOT SPECIFICALLY IDENTIFIED IN SECTION IV IS VOID. PLAN SUMMARY For informational purposes only. ACP: Months Minimum Plan Length: Months Plan payment: $ per Month Minimum dividend to Class 9 Creditors $ Percentage of Tax Refunds committed % American LegalNet, Inc. www.FormsWorkFlow.com LOCAL FORM 10-24-17 V 1 2 IF THIS SECTION I INDICATES THAT THIS PLAN DOES NOT INCLUDE ANY 223NONSTANDARD PROVISIONS224, ANY 223NONSTANDARD PROVISIONS224 IN THIS PLAN (INCLUDING ANY OTHERWISE SPECIFICALLY LISTED IN SECTION IV) ARE VOID. THIS PLAN IS SUBJECT TO AND INCORPORATES BY REFERENCE THE ADDITIONAL STANDARD PROVISIONS WHICH MAY BE FOUND AT WWW.13EDM.COM OR WWW.MIEB.USCOURTS.GOV OR FROM DEBTOR222S COUNSEL UPON WRITTEN REQUEST. II. APPLICABLE COMMITMENT PERIOD; PLAN PAYMENTS; PLAN LENGTH; EFFECTIVE DATE AND ELIGIBILITY FOR DISCHARGE: A. Debtor222s Current Monthly Income exceeds the applicable State median income. Debtor222s Applicable Commitment Period is 60 months. Debtor222s Plan Length shall be 60 months from the date of entry of the Order Confirming Plan. Debtor222s Current Monthly Income is less than or equal to the applicable State median income. Debtor222s Applicable Commitment Period is 36 months. Debtor222s Plan Length shall be months from the date of entry of the Order Confirming Plan. This is a minimum Plan length. If the Plan has not been completed in the minimum Plan length, the Plan length shall be extended as necessary for completion of the requirements of the Plan; provided that in no event will the Plan term continue beyond 60 months from the date of entry of the Order Confirming Plan. See Paragraph J of the Additional Terms, Conditions and Provisions for additional information regarding Completion of Plan. If neither or both of the above boxes is checked, then the Applicable Commitment Period and the Plan Length shall be 60 months from the date of entry of the Order Confirming Plan. B. Debtor222s Plan payment amount is $ per month. C. Future Tax Refunds. See Paragraph A of the Additional Terms, Conditions and Provisions for additional information regarding Tax Refunds and Tax Returns. FOR CASES ASSIGNED TO BAY CITY DIVISION: Check only one box. If none are checked or more than one box is checked, paragraph 2 shall apply: 1. Debtor222s Plan proposes a 100% dividend to unsecured creditors. Therefore, debtor is not required to remit any future Tax Refunds. 2. Debtor222s Plan proposes less than a 100% dividend to unsecured creditors and debtor222s Schedule I does not include a pro-ration for anticipated Tax Refunds. Debtor will remit 50% of all Federal and State Tax Refunds that debtor receives or is entitled to receive after commencement of the case. 3. Debtor222s Plan proposes less than a 100% dividend to unsecured creditors and debtor222s Schedule I includes a pro-ration for anticipated Federal Tax Refunds. Debtor will remit 100% of all Federal and State Tax Refunds that debtor receives or is entitled to receive after commencement of the case to the extent the Refund exceeds the sum of twelve times the amount of the Federal and State Tax Refund pro-ration shown in Schedule I. American LegalNet, Inc. www.FormsWorkFlow.com LOCAL FORM 10-24-17 V 1 3 FOR CASES ASSIGNED TO DETROIT DIVISION: Check only one box. If none are checked or more than one box is checked, paragraph 2 shall apply: 1. Debtor222s Plan proposes a 100% dividend to unsecured creditors. Therefore, debtor is not required to remit any future Tax Refunds. 2. Debtor222s Plan proposes less than a 100% dividend to unsecured creditors and debtor222s Schedule I does not include a pro-ration for anticipated Tax Refunds. Debtor will remit 100% of all Federal Tax Refunds that debtor receives or is entitled to receive after commencement of the case. 3. Debtor222s Plan proposes less than a 100% dividend to unsecured creditors and debtor222s Schedule I includes a pro-ration for anticipated Federal Tax Refunds. Debtor will remit 100% of all Federal Tax Refunds that debtor receives or is entitled to receive after commencement of the case to the extent the Refund exceeds the sum of twelve times the amount of the Federal Tax Refund pro-ration shown in Schedule I. FOR CASES ASSIGNED TO FLINT DIVISION: Check only one box. If none are checked or more than one box is checked, paragraph 2 shall apply: 1. Debtor222s Plan proposes a 100% dividend to unsecured creditors. Therefore, debtor is not required to remit any future Tax Refunds. 2. Debtor222s Plan proposes less than a 100% dividend to unsecured creditors and debtor222s Schedule I does not include a pro-ration for anticipated Tax Refunds. Debtor will remit 100% of all Federal Tax Refunds that debtor receives or is entitled to receive after commencement of the case. 3. Debtor222s Plan proposes less than a 100% dividend to unsecured creditors and debtor222s Schedule I includes a pro-ration for anticipated Federal Tax Refunds. Debtor is not required to remit Federal Tax Refunds in excess of the amount of the proration shown on Schedule I. D. If the box to the immediate left is "checked", the debtor acknowledges that debtor is not eligible for a discharge pursuant to 11 USC 2471328. If the box to the immediate left is "checked", the joint debtor acknowledges that joint debtor is not eligible for a discharge pursuant to 11 USC 2471328. E. If the box to the immediate left is "checked", the debtor or joint debtor is self-employed AND incurs trade credit in the production of income from such employment. Debtor shall comply with the requirements of Title 11, United States Code, and all applicable Local Bankruptcy Rules regarding operation of the business and duties imposed upon the debtor. III. DESIGNATION AND TREATMENT OF CLASSES OF CLAIMS: See Paragraph F of the Additional Terms, Conditions and Provisions for additional information regarding the order in which claims are to be paid. A. CLASS ONE 226 TRUSTEE FEES as determined by statute. B. CLASS TWO 226 ADMINISTRATIVE CLAIMS, INCLUDING ATTORNEYS FEES AND COSTS: 1. PRE-CONFIRMATION ATTORNEY FEES: At confirmation of the Plan, Counsel shall elect to either: a. In lieu of filing a separate fee application pursuant to 11 USC 247327 and 247330, accept the sum of $ for services rendered plus $ for costs advanced by Counsel, for total Attorney Fees and Costs of $ through the Effective Date of the Plan. The total Attorney Fees and Costs less the sum paid to Counsel prior to the commencement of this case as reflected in the Rule 2016(b) Statement leaving a net balance due of $, will be paid as an Administrative Expense Claim; or American LegalNet, Inc. www.FormsWorkFlow.com LOCAL FORM 10-24-17 V 1 4 b. Request an award of compensation for services rendered and recovery of costs advanced by filing a separate Application for Compensation for ser