Motion To Modify Confirmed Chapter 13 Plan {3015-d}

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS Debtor 1 First Name Middle Name Last Name Debtor 2 (filing spouse) First Name Middle Name Last Name Case Number: TXEB Local Form 3015-d MOTION TO MODIFY CONFIRMED CHAPTER 13 PLAN Adopted: Dec 2017 TO THE HONORABLE JUDGE OF THIS COURT: 1. This Motion to Modify Previously-Confirmed Chapter 13 Plan (the 223Modification Motion224) is filed by the: Debtor;1 Chapter 13 Trustee; Unsecured Claimant: for the purpose of modifying certain specified provisions of that Chapter 13 Plan which had previously been confirmed for the Debtor on DATE [dkt #xx]. Except as modified herein, all provisions of the confirmed Chapter 13 Plan remain in full force and effect. If this Motion is filed by the Debtor, each Debtor: certifies that an amended Schedule I and Schedule J have been filed contemporaneously with this motion; declares, under penalty of perjury, that the information contained in Schedule I and Schedule J, as previously filed with the Court, remains true and correct. 28-DAY NEGATIVE NOTICE 226 LBR 3015(h): Your rights may be affected by the plan modifications sought in this pleading. You should read this pleading carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you oppose the relief sought by this pleading, you must file a written objection, explaining the factual and/or legal basis for opposing the relief. No hearing will be conducted on this Motion unless a written objection is filed with the Clerk of the United States Bankruptcy Court and served upon the party filing this pleading WITHIN TWENTY-EIGHT (28) DAYS FROM DATE OF SERVICE shown in the certificate of service unless the Court shortens or extends the time for filing such objection. If no objection is timely served and filed, this pleading shall be deemed to be unopposed, and the Court may enter an order confirming this plan modification. If an objection is filed and served in a timely manner, the court will thereafter set a hearing with appropriate notice. If you fail to appear at the hearing, your objection may be stricken. The Court reserves the right to set a hearing on any matter. 1 The use of the singular term 223Debtor224 in this Modification Motion includes both debtors when the case has been initiated by the filing of a joint petition by spouses. Check if this modification is filed prior to filing of TRCC. Check if this modification is filed after TRCC filing but still within Benchmark Fee Period. Check if this modification is filed after Benchmark Fee Period. List the sections which have been changed by this modification: Fill in this information to identify your case: American LegalNet, Inc. www.FormsWorkFlow.com Debtor Case number TXEB Local Form 3015-d [eff. 12/2017] Motion to Modify Confirmed Chapter 13 Plan Page 2 2. This Modification Motion is required [select all applicable]: to reconcile the Plan with allowed claims pursuant to the TRCC; to increase the amount of payments required under the Plan; to reduce the amount of payments required under the Plan; to provide for an allowed claim omitted from treatment under the Plan; to extend the time for making payments required under the Plan; to reduce the time for making payments required under the Plan; to surrender collateral pursuant to 247 3.6; to cease further plan disbursements to a particular claimant; to cure a delinquency in the plan payments caused by ; to increase the amount of retained income tax refunds authorized under 247 2.4; Reason: ; to seek approval of an additional award of attorney222s fees to the Debtor222s attorney; Other: to add a nonstandard provision to Part 8 of the Plan [check box below]; 3. Notice to Creditors: Regarding insertion of new Nonstandard Provision into Debtor222s Plan: Nonstandard provisions as set forth in Part 8. Included Not included 4. The specific modifications to the Debtor222s Plan are as follows: 247 2.2 of the Plan regarding regular plan payments2 is MODIFIED in the following respects: Beginning on the 30th day after the Petition Date3 unless the Court orders otherwise, the Debtor will make regular payments to the Trustee in variable amounts throughout the applicable commitment period and for such additional time as may be necessary to make the payments to claimants specified in Parts 3 through 5 of this Plan (the 223Plan Term224). The payment schedule shall consist of: Constant Payments: The Debtor will pay $ per month for months. Variable Payments: The Debtor will pay make variable plan payments throughout the Plan Term. The proposed schedule for such variable payments are set forth in Exhibit A to this Order and are incorporated herein for all purposes. If plan payment amounts are increasing, the Debtor certifies that, with regard to 247 2.3 of the Plan, a Motion for an Amended Wage Withholding Order for the increased payment amount has been filed; an increase of the amount to be transferred to the Trustee by electronic means has been authorized. 2Any reference to 247 2.2 of the Plan herein includes any payments designated and confirmed under 266 2 of the 2006 version of TXEB Local Form 3015-a. 3The use of the term 223Petition Date224 in this Plan refers to the date that the Debtor filed the voluntary petition in this case. American LegalNet, Inc. www.FormsWorkFlow.com Debtor Case number TXEB Local Form 3015-d [eff. 12/2017] Motion to Modify Confirmed Chapter 13 Plan Page 3 None. No additional Cure Claims designated for treatment under 247 3.2 of the Plan.4 No Remaining Claims. All claims previously listed as a Cure Claim in 247 3.2 of the Plan have been reclassified. Revised/Additional Cure Claims. 247 3.2 of the Plan regarding the treatment of Cure Claims is MODIFIED in the following respects; provided, however, that to the extent that any Cure Claim added hereto is composed of a post-petition mortgage arrearage, the payment of any such arrearage shall be deferred until such time as the Claimant files an amended proof of claim to quantify the amount of the post-petition arrearage and, in any event, unless the Court specifically orders otherwise, such payment shall be subordinated to the existing payment rights of junior classes under the Debtor222s previously-confirmed Chapter 13 Plan: None. No additional 910 Claims designated for treatment under 247 3.3 of the Plan.5 No Remaining Claims. All claims previously listed as a 910 Claim in 247 3.3 of the Plan have been reclassified. Revised/Additional 910 Claims. 247 3.3 of the Plan regarding the treatment of 910 Claims is MODIFIED in the following respects: None. No additional 506 Claims designated for treatment under 247 3.4 of the Plan.6 No Remaining Claims. All claims previously listed as a 506 Claim in 247 3.4 of the Plan have been reclassified. Revised/Additional 506 Claims. 247 3.4 of the Plan regarding the treatment of 506 Claims is MODIFIED in the following respects: 4Any reference to 247 3.2 of the Plan herein includes any payments designated and confirmed under 266 6(B) or 266 8 of the 2006 version of TXEB Local Form 3015-a. 5Any reference to 247 3.3 of the Plan herein includes any payments designated and confirmed under 266 6(A)(ii)(a) of the 2006 version of TXEB Local Form 3015-a.6Any reference to 247 3.4 of the Plan herein includes any payments designated and confirmed under 266 6(A)(ii)(b) of the 2006 version of TXEB Local Form 3015-a. Claimant Collateral/Property Description Debtor222s DPO Amount Cure Claim Amount Plan Interest Rate Projected Monthly Payment by Trustee Projected Total Cure Payment by Trustee Revised Claim Additional Claim $ $ % $ Trustee should suspend current plan payment $ Insertadditionalclaimsasneeded. Claimant Collateral Description 910 Claim Amount Plan Interest Rate Equal Monthly Payment by Trustee Projected Total Payment by Trustee Revised Claim Additional Claim $ % $ Trustee should suspend current plan payment $ Insertadditionalclaimsasneeded. Claimant Collateral Description 506 Claim Amount Collateral Value Plan Interest Rate Equal Monthly Payment by Trustee Projected Total Payment by Trustee Revised Claim Additional Claim $ $ % $ Trustee should suspend current plan payment $ I