Original Chapter 13 Form Plan (Canton)

Z UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO In re: _____________________________ _____________________________, Debtor(s). ) ) ) ) ) ) ) Judge Russ Kendig Case No. ___________________ 9 Original Chapter 13 Form Plan 9 _________Amended Chapter 13 Plan A. Special Provisions Notwithstanding anything to the contrary set forth herein, this Plan shall include the provision(s) set forth below: G Continued on attached separate page(s). B. General Provisions 1. Adequate protection payments in accordance with § 1326(a)(1)(A) and (C) shall accrue on the first day of the month following the filing of the petition. The creditors with secured debts will be paid by the trustee if the plan states the trustee is to make the payments. The payments will be made as soon as funds become available in the fixed amounts set forth in this plan and an allowed proof of claim has been filed. If a plan is confirmed and the case is thereafter dismissed or converted, all funds on hand at the time of dismissal or conversion will be disbursed according to the plan. If a plan has not been confirmed and the case is converted or dismissed, all funds on hand at the time of dismissal or conversion will be returned to Debtor, except unpaid adequate protection payments that are due and administrative expenses allowed under § 503(b). The debtor assumes the following unexpired leases and executory contracts: Description of asset or contract _______________________________________ _______________________________________ 2. Creditor __________________________________ __________________________________ G Continued on attached separate page(s). Any executory contract or unexpired lease not identified above is deemed rejected. 1 American LegalNet, Inc. www.FormsWorkFlow.com 3. The rights of holders of claims secured by a lien or mortgage on residential real property of the debtor shall be modified only to the extent of curing the default and shall result in reinstatement of the mortgage according to its original terms, with no default in scheduled payments. Any exception must be set forth with specificity in Special Provisions and may require additional motions or adversary proceedings. The holder of any claim secured by property of the estate other than a mortgage treated elsewhere herein shall retain the lien until the earlier of payment of the entire balance under applicable nonbankruptcy law or entry of the discharge under 11 U.S.C. § 1328, at which time the lien shall terminate and be released by the creditor. Within fourteen (14) days of a request by the trustee, the debtor shall provide copies of any tax returns filed during the pendency of this case and proof of payment, if applicable, and a copy of the debtor's current wage statement. The holder(s) of any claim for Domestic Support Obligations pursuant to 11 U.S.C. § 1302(d) shall be paid by the debtor unless specified in Special Provisions. The holder of the Domestic Support Obligation is specified below. If the holder of a claim is a minor, the name and address of such minor has been disclosed to the Trustee contemporaneously with the filing of this plan in compliance with 11 U.S.C. § 112. _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ 4. 5. 6. Holder Name: Holder's Address (if known): Address of Child Support Enforcement Agency (mandatory): G Continued on attached separate page(s). C. Direct Payment of Mortgage Claims by Debtor G G The debtor will make no direct payments to mortgage creditors holding prepetition claims, /or/ The debtor is less than two (2) months delinquent and will make current monthly payments, as stated below, increased or decreased as necessary to reflect changes, directly to the following creditors holding claims secured by a mortgage on the debtor's real property: To creditor ___________________________________, monthly payments of $ ____________; To creditor ___________________________________, monthly payments of $ ____________. G Continued on attached separate page(s). Any arrearage is provided for in section E4. The current monthly payments are to commence on all mortgage payments on the due date (without reference to any grace period) immediately following the filing of the petition. 2 American LegalNet, Inc. www.FormsWorkFlow.com D. Payments by Debtor to the Trustee 1. Initial plan term/Commitment period. The debtor will pay the trustee $ _________ monthly, or all future disposable income, whichever is greater, for a period of not less than months. Any deviations shall appear in Special Provisions but are deemed to include all future disposable income language. Payments shall be by G Wage Order on Employer G By Debtor ("Private Pay") in the form of money order or certified check. Payments must commence within ten (10) days of filing the plan. 2. Adjustments to initial term. If the amount paid by the debtor to the trustee during the initial plan term does not permit payment of general unsecured claims as specified, then the debtor shall make additional monthly payments, during the maximum plan term allowed by law, sufficient to permit the specified payments. E. Disbursements by the Trustee The trustee shall disburse payments received from the debtor under this plan as follows: 1. 2. Trustee's fees. Payable monthly on disbursements. Priority claims of debtor's attorney. Payable in full in allowed amounts of $150.00 per month when the funds are available, after payment of claims with superior priority as set forth in paragraph F, according to current administrative order. Any future applications for fees will be paid as stated above, unless otherwise ordered. Current mortgage payments. Not applicable unless trustee is making payments. Leave blank if debtor is paying direct or has no mortgages. i. Payable according to the terms set forth below and subject to any contrary proof of claim, commencing with the payment due (without regard to any grace period) after the filing of the case. Debtor is responsible for making certain that wage deductions or Private Pays are sufficient to make the initial payment and, if not, debtor is responsible for paying additional funds in order for trustee to make the payments as set forth. If the trustee does not have sufficient funds to make a full mortgage payment, the trustee will continue to make future payments and catch up post-petition delinq