Chapter 12 And 13 Joint Debtors Plan

UNITED STATES BANKRUPTCY COURT DISTRICT OF SOUTH DAKOTA In re: ) Bankr. No. 18 - 90000 ) Chapter 13 WADE JOEL EARNER ) aka W. J. Earner ) SSN/ITIN xxx - xx - 0000 ) ) and ) PLAN DATED , 20 ) WANDA GAIL EARNER ) SSN/ITIN xx x - xx - 0001 ) ) Debtor s . ) Part 1. Notice of Certain Items The following items may be of particular importance to some creditors. Creditors and other parties in interest are given notice of them pursuant to Federal Rule of Bankrup tcy Procedure 3015.1. 1.1 Nonstandard provisions. Included in Part 8 Not Included 1.2 A limit on the amount of a secured claim based on a valuation of the collateral for the claim, which may result in a partial payment or no payment at all to the secu red creditor. Included in Part 5.3 Not Included 1.3 Avoidance of a judicial lien or a nonpossessory, nonpurchase money security interest on property claimed exempt. Included in Part Not Included Part 2. Plan Term and Debtors' Payments t o Trustee 2.1 Plan term. Debtors will make the first plan payment on or before , 20 and the last plan payment on or before , 20. American LegalNet, Inc. www.FormsWorkFlow.com 2 2.2 Debtors' payments to the trustee. Debtors will pay $ per month to the chapte r 13 trustee for months, for a total of $. During the plan term, Debtors will give the trustee a copy of each federal income tax return at the same time the return is filed. Debtors will also turn over to the trustee any federal income tax r efunds Debtors receive, after any statutory set - off by the Internal Revenue Service, for tax years 20, 20, 20, 20, and 20. Debtors also commit to the plan any disposable income, as defined by 11 U.S.C. 247 1325(b)(2), that Debtors receive during the plan term. Part 3. Treatment of Administrative Expenses and Other Priority Claims 3.1 Trustee fees. The trustee's fees will be paid from Debtors' plan payments, including any tax refunds or disposable income committed to the plan, at the rate provided by 11 U.S.C. 247 326(b) and 28 U.S.C. 247 586(e). 3.2 Debtors' attorney fees. No such claim owed. After Debtors' attorney files and gives notice of a fee application, the Court will enter an order awarding the attorney fees consistent w ith 11 U.S.C. 247 330. The attorney fees awarded will be paid as follows: Estimated total fees paid through plan Estimated payments $ $ per month for months beginning , 20. If the Court awards fees that tota l less than the estimate above, unsecured creditors may receive a distribution that is more than the estimate set forth in Part 6. If the Court awards fees that total more than the estimate above, Debtors may file a motion to modify the confirmed plan to provide for those additional fees. If the Court approves the modification, unsecured creditors may receive a distribution that is less than the estimate set forth in Part 6. The actual amount of the monthly installment will be calculated by the trustee b ased on the Court's fee order. 3.3 Domestic support obligations to be paid in full. No such claim owed. American LegalNet, Inc. www.FormsWorkFlow.com 3 The allowed priority claims listed below are based on domestic support obligations that have not been assigned to a governmental unit or are not owed to a governmental unit. Debtors are current on these obligations, and Debtors will continue to directly pay these claims in full as they become due. Brief description of claim Total claim Amount to be paid during plan term $ $ at $ per month. $ $ at $ per month. 3.4 Domestic support obligations assigned to or owed to a governmental unit and that may be paid less than the full amount. No such claim owed. The allowed priority claims listed below are based on domestic support obligations that have been assigned to or are owed to a governmental unit. During the plan term, each may be paid less than the full amount of the claim pursuant to 11 U.S.C. 247 1322(a)(4) through disbursements by the trustee. Name of governmental unit Total claim Monthly payment Number of payments and date payments begin $ $ , 20 $ $ , 20 3.5 Other priority claims. No such claim owed. The priority claims under 11 U.S.C. 247 507 listed below will be paid in full during the plan term, without interest, through disbursements by the trustee: Name of creditor Priority claim Monthly payment Number of payments and dat e payments begin $ $ , 20 $ $ , 20 American LegalNet, Inc. www.FormsWorkFlow.com 4 Part 4. Executory Contracts and Unexpired Leases 4.1 Assumption s. None to assume. Debtors assume the executory contracts and unexpired leases listed below. The trustee will make any arrearage payments specified. Debtors will make the remaining current installment payments. Name of lessor Description of Arreara ge, if any, and Current or other party leased property payment terms installment to contract or subject of terms executory contract $ total, $ a t $ per month per month for months for months $ total, $ at $ per month per month for months for months 4.2 Rejections. None to reject. Debtors reject the following executory contracts and unexpired leases. Any claim arising from a rejection will be treated as a general unsecured claim in Part 6. Name of lessor or other party to contract Description of leased propert y or subject of executory contract American LegalNet, Inc. www.FormsWorkFlow.com 5 Part 5. Treatment of Secured Claims 5.1 Claims se cured only by Debtors' principal residence. No such claim owed . Description: [insert legal description and any street address of principal residence]. Any arrearage on the claim(s) listed below will be paid in full during the plan term through disbursements by the trustee, with interest, if an y, at the rate stated. If there is no arrearage, "none" is inserted. Debtors will make the current installment payments to the creditor(s) during the plan term and thereafter, as may be necessary. Unless otherwise stated, the balance owed and Debtors' c urrent installment payments, as to the amount, the rate of interest, and the length of the repayment term, will be consistent with the written agreement between Debtors and the creditor and may occasionally change pursuant to the agreement's terms. Unle ss otherwise ordered by the Court, the amount of the arrearage and the balance owed stated below are controlling and, if the value of the creditor's collateral exceeds the amount of its allowed claim, the balance owed includes interest and other allowances provided by 11 U.S.C. 247 506(b), unless the creditor has otherwise agreed. A creditor listed below will retain its lien or other encumbrance on the collateral stated until the creditor's claim is paid in full pursuant to the written agreement between De btors and the creditor, at which time the lien or other encumbrance will terminate and shall be promptly released by the creditor. If the Court grants a creditor listed below relief from the automatic stay regarding the Debtors' principal residence, the n, unless otherwise ordered by the Court, the trustee's payments to that creditor under this part will cease. Name of creditor Arrearage, if any, and payment terms Balance, excluding any arrearage, ["none" inserted if no arrearage] and current in stallment terms $ at $ per $ at $ per month for months, which month for months, which includes interest at %. includes interest at agreement rate. $ at $ per $ at $ per American LegalNet, Inc. www.FormsWorkFlow.com 6 month for months, which month for months, which includes interest at %. includes interest at agreement rate. 5.2 Claims fully secured by real or personal prope rty, excluding claims in Parts 5.1 and 5.4. No such claim owed. Any arrearage on the claim(s) listed below will be paid in full during the plan term through disbursements by the trustee, with interest, if any, at the rate stated. If there is no arrearage, "none" is inserted. Debtors will make the current installment payments to the creditor(s) during the plan term and thereafter, as may be necessary. Unless otherwise stated, the balance owed and Debtors' current installment payments, as to t he amount, the rate of interest, and the length of the repayment term, will be consistent with the written agreement between Debtors and the creditor