Chapter 13 Plan With Determination Of Interest Rates

Debtor Attorney Nevada Bar no. Attorney Firm Name Address City, State Zip Code Phone # Pro Se Debtor 1 S Yarnall BAM N Leavitt LBR Van MeteMKN GWZ UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA In re: Debtor: Last four digits of Soc. Sec. No: Joint Debtor: Last four digits of Soc. Sec. No: ) ) ) ) ) ) ) ) BK - S Judge: Trustee: Before Confirmation After Confirmation CHAPTER 13 PLAN # Plan Modification N/A Pre-Confirmation Meeting: Date: mm/dd/yy Time: 8:30 AM Confirmation Meeting Date: mm/dd/yy Time: 1:30 PM ## CHAPTER 13 PLAN WITH DETERMINATION OF INTEREST RATES AND PLAN SUMMARY MOTION(S) TO VALUE COLLATERAL MOTION(S) TO AVOID LIENS [Check if motion(s) will be filed] YOU ARE HEREBY NOTIFIED THAT THIS PLAN AND THESE MOTIONS, IF APPLICABLE, WILL BE CONSIDERED FOR APPROVAL AT THE CONFIRMATION HEARING DATE SET FORTH ABOVE. THE FILING AND SERVING OF WRITTEN OBJECTIONS TO THE PLAN AND MOTIONS SHALL BE MADE IN ACCORDANCE WITH BR 3015(f) & 9014 AND LR 9014(e). DEBTOR PROPOSES THE FOLLOWING CHAPTER 13 PLAN WITH DETERMINATION OF INTEREST RATES WHICH SHALL BE EFFECTIVE FROM THE DATE IT IS CONFIRMED. Section I. Commitment Period and Calculation of Disposable Income, Plan Payments, and Eligibility to Receive Discharge 1.01 Means Test - Debtor has completed Form B22C ­ Statement of Current Monthly income and Calculation of Commitment Period and Disposable Income. 5 Years. Monthly payments must continue for the entire 1.02 Commitment Period - The applicable commitment period is 3 Years or commitment period unless all allowed unsecured claims are paid in full in a shorter period of time, pursuant to §1325(b)(4)(B). If the applicable commitment period is 3 years, Debtor may make monthly payments beyond the commitment period as necessary to complete this plan, but in no event shall monthly payments continue for more than 60 months. 1.03 Commitment Period and Disposable Income The Debtor is under median income. The Debtor is over median income. The debtor has calculated that the monthly disposable income of $0.00 multiplied by the Applicable Commitment Period of 60 months equals which shall be paid first to debtor's attorney fees with the balance to be paid to general non-priority $0.00 unsecured creditors. 1.04 Liquidation Value Pursuant to §1325(a)(4) Liquidation value is calculated as the value of all excess non-exempt property after the deduction of valid liens and encumbrances and before the The liquidation value is derived from the $ deduction of trustee fees and priority claims. The liquidation value of this estate is: following non-exempt assets (describe assets): 1.05 Projected Disposable Income - The Debtor(s) commitment period pursuant to §1325(b)(1)(B). does propose to pay all projected disposable income for the applicable does [Eff. 10/17/05 Rev.10/1/13] American LegalNet, Inc. www.FormsWorkFlow.com 1.06 The Debtor(s) shall pay the greater of disposable income as stated in 1.03 or liquidation value as stated in 1.04. does not 1.07 Future Earnings - The future earnings of Debtor shall be submitted to the supervision and control of Trustee as is necessary for the execution of the plan. 1.08 MONTHLY PAYMENTS: a. Debtor shall pay to the Trustee the sum of $0.00 for b. Monthly payments shall increase or decrease as set forth below: 60 The sum of $0.00 for The sum of $0.00 for The sum of $0.00 for 0 0 0 0 (# of months) commencing (# of months) commencing (# of months) commencing (# of months) commencing mm/dd/yy . Totaling mm/dd/yy . Totaling mm/dd/yy . Totaling mm/dd/yy . Totaling $0.00 $0.00 $0.00 $0.00 1.09 OTHER PAYMENTS - In addition to the submission of future earnings, Debtor will make non-monthly payment(s) derived from property of the bankruptcy estate or property of Debtor, or from other sources, as follows: Amount of payment Date Source of payment $ mm/yy $ mm/yy $ mm/yy $ mm/yy 1.10 TOTAL OF ALL PLAN PAYMENTS INCLUDING TRUSTEE FEES = 1.11 Trustees fees have been calculated at 10% of all plan payments which totals = $0.00 $0.00 This amount is included in 1.10 above. 1.12 Tax Refunds - Debtor shall turn over to the Trustee and pay into the plan annual tax refunds for the tax years: 2013 2014 2015 2016 2017 is eligible is not eligible 1.13 ELECTION TO PAY 100% OF ALL FILED AND ALLOWED GENERAL NON-PRIORITY UNSECURED CLAIMS a. 100% of all filed and allowed non-priority unsecured claims shall be paid by Trustee pursuant to this Plan. b. General unsecured creditors will be paid interest at the rate of 0% . [Check this box and insert the present value rate of interest - if debtors estate is solvent under §1325(a)(4).] 1.14 Statement of Eligibility to Receive Discharge a. Debtor, none is eligible to receive a Chapter 13 discharge pursuant to §1328 upon completion of all plan obligations. b. Joint Debtor is eligible to receive a Chapter 13 discharge pursuant to §1328 upon completion of all plan obligations. Section II. Claims and Expenses A. Proofs of Claim 2.01 A Proof of Claim must be timely filed by or on behalf of a priority or general non-priority unsecured creditor before a claim will be paid pursuant to this plan. 2.02 A CLASS 2A Secured Real Estate Mortgage Creditor shall be paid all post-petition payments as they become due whether or not a Proof of Claim is filed. The CLASS 2B secured real estate mortgage creditor shall not receive any payments on pre-petition claims unless a Proof of Claim has been filed. 2.03 A secured creditor may file a Proof of Claim at any time. A CLASS 3 or CLASS 4 secured creditor must file a Proof of Claim before the claim will be paid pursuant to this Plan. 2.04 Notwithstanding Section 2.01 and 2.03, monthly contract installments falling due after the filing of the petition shall be paid to each holder of a CLASS 1 and CLASS 6 secured claim whether or not a proof of claim is filed or the plan is confirmed. 2.05 Pursuant to §507(a)(1), payments on domestic support obligations (DSO) and payments on loans from retirement or thrift savings plans described in §362(b)(19) falling due after the filing of the petition shall be paid by Debtor directly to the person or entity entitled to receive such payments whether or not a proof of claim is filed or the plan is confirmed, unless agreed otherwise. 2.06 A Proof of Claim, not this plan or the schedules, shall determine the amount and the classification of a claim. Pursuant to §502(a) such claim or interest is deemed allowed unless objected to and the Court determines otherwise. a. Claims provided for by th