Last updated: 5/17/2018
Order Confirming Chapter 13 Plan {LF-3015-3.1}
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Description
R.I. Local Form 3015-3.1 UNITED STATES BANKRUPTCY COURT (Rev. 12/1/2017) FOR THE DISTRICT OF RHODE ISLAND - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x In re: : : BK No. : Debtor(s) : Chapter 13 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x ORDER CONFIRMING CHAPTER 13 PLAN The Debtor(s) filed a Chapter 13 Plan (The 223Plan224) on . The Debtor(s) filed a Certificate of Service on , reflecting that the Plan and any applicable motions were served on all creditors and parties-in-interest. No objections to the confirmation of the plan or motions were filed, or all objections were overruled by the Court or resolved by the parties. Upon consideration of the foregoing, the Court hereby orders the following: 1. The Plan is confirmed. The term of the Plan is months. 2. TREATMENT OF SECURED CLAIMS: (a) Mortgages against Debtor(s) Real Property: The secured claim of: holding a mortgage against real property at will be:. If applicable, the motion(s) to modify the secured claim(s) of: is (are) granted. (b) Liens Against Debtor(s) Personal Property: The holder of the lien: holding a lien against will be:. If applicable, the motion(s) to modify the secured claim(s) of: is (are) granted. Notwithstanding anything in the confirmed Chapter 13 Plan to the contrary, the proposed strip-off or modification of the mortgage(s) or lien(s) as set forth above shall not be effective unless and until a discharge has been entered on the Bankruptcy Court222s Docket in the Chapter 13 case. American LegalNet, Inc. www.FormsWorkFlow.com 3. If applicable, the motion(s) to avoid the lien(s) under 11 U.S.C. 247 522(f) of: is (are) granted. 4. The motion(s) under 11 U.S.C. 247 365 to assume or reject lease(s) of: is (are) granted. 5. The employer of the Debtor , (or in appropriate cases, the Debtor) shall deduct from the wages of the Debtor and forward to the Office of the Standing Chapter 13 Trustee, P.O. Box 2561, Providence, Rhode Island 02906, the sum of $ per for . 6. The effective date of confirmation of the Plan is. 7. The disbursements to be made by the Chapter 13 Trustee pursuant to the confirmed Plan are set forth on the attached Addendum which is incorporated herein by reference. 8. Unless otherwise ordered by the Court, all property of the estate as defined in 11 U.S.C. 247247 541 and 1306, including, but not limited to any appreciation in the value of real property owned by the Debtor(s) as of the commencement of the case, shall remain property of the estate during the term of the Plan and shall vest in the Debtor(s) as specified in Part 7 of R.I. Local Form 3015-1.1. All property of the estate shall remain within the exclusive jurisdiction of the Bankruptcy Court. 9. The Debtor(s) shall not transfer, sell, encumber, or otherwise alienate property of the estate other than in accordance with the confirmed Plan or other order of the Bankruptcy Court. The Debtor shall be responsible for preserving and protecting all property of the estate. 10. The Court may, from time to time during the period of the Plan, increase or reduce the amount of the payments provided by the Plan, where it shall be made to appear at a hearing upon such notice as the Court may designate, that the circumstances so warrant or so require. 11. The Debtor(s) shall inform the Trustee of any increase he/she receives in salary or in income. 12. The Trustee shall pay the remaining balance due to any creditor when that balance due is $25.00 or less. 13. Under 11 U.S.C. 247 1325(a)(8) and 247 1328(a), if the Debtor owes domestic support obligations, whether owed at the time of filing or incurred during the pendency of the bankruptcy case, the Debtor must file a certification with the Chapter 13 Trustee stating that all such payments due under the plan have been paid before a discharge order may enter. 14. Upon completion of the plan, discharge shall enter unless: (a) after motion and hearing the Court determines that the Debtor is not entitled to one pursuant to 11 U.S.C. 247 1328(h), or; (b) the Debtor is otherwise not entitled to one pursuant to 11 U.S.C. 247 1328. 15. The plan meets all of the requirements set forth in 11 U.S.C. 247 1325(a). American LegalNet, Inc. www.FormsWorkFlow.com 16. This order is effective for the plan confirmed on as well as any amended plan approved by the Court, post confirmation, upon the entry of an order modifying or approving a post confirmation plan, unless a new order is deemed necessary. ENTER: Diane Finkle, U.S. Bankruptcy Judge Entered on: Date: American LegalNet, Inc. www.FormsWorkFlow.com