Last updated: 1/22/2021
Chapter 13 Plan {LF13}
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Description
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION In re: Debtor(s). ) ) ) ) ) Case No. Hearing Date: Hearing Time: Hearing Location: CHAPTER 13 PLAN PAYMENTS. Debtor is to pay to the Chapter 13 Trustee the sum of the following amounts: (complete one of the following payment options) $____________ per month for _________ months. $____________ per month for _______ months, then $__________ per month for _______ months, then $__________ per month for ________ months. A total of $___________ through ____________, then $_______ per month for ______ months beginning with the payment due in _____________, 20____. In addition, Debtor shall pay to the Trustee, and the plan base shall be increased by the following: (1) Tax Refund. Debtor shall send any tax refund received during the pendency of the Chapter 13 case to the Trustee; however, Debtor may retain a portion of a tax refund to pay income taxes owed to any taxing authority for the same period as the refund. Debtor may also retain $1,250 for single filers or $1,500 for joint filers and refundable tax credits consisting of Earned Income Credit and Additional Child Tax Credit (Line 65 of Form 1040 or Line 39 of Form 1040A), each year. (2) Employee Bonuses. Debtor shall send fifty percent of any employee bonus or other distribution paid or payable to Debtor during the term of the plan. (3) Additional Lump Sums. Debtor shall send additional lump sums(s) consisting of _________, if any, to be paid to the Trustee. DISBURSEMENTS. Creditors shall be paid in the following order and in the following fashion. Unless stated otherwise, the Chapter 13 Trustee will make the payments to creditors. All disbursements by the Trustee to be made pro-rata by class, except per month disbursements described below. However, if there are funds available after payment of equal monthly payments in paragraph 5 and fees in paragraph 6, those funds shall be distributed again to those same paragraphs until paid in full before distributing to the next highest paragraphs: 1. Trustee and Court Fees. Pay Trustee a percentage fee as allowed by law and pay filing fees if the Court enters an order providing for filing fees to be paid in the Chapter (L.F. 13 Rev. 10/2014) 1 American LegalNet, Inc. www.FormsWorkFlow.com 13 plan. 2. Executory Contract/Lease Arrearages. Trustee to cure pre-petition arrearage on any executory contract accepted in paragraphs 3(A or B) over the following period, estimated as follows: CREDITOR NAME TOTAL AMOUNT DUE CURE PERIOD 3. Pay sub-paragraphs concurrently: (A) Post-petition real property lease payments. Debtor assumes executory contract for real property with the following creditor(s) and proposes to maintain payments in accordance with terms of the original contract as follows: CREDITOR NAME MONTHLY PAYMENT BY DEBTOR/TRUSTEE (B) Post-petition personal property lease payments. Debtor assumes executory contract for personal property with the following creditor(s) and proposes to maintain payments in accordance with terms of the original contract as follows: CREDITOR NAME MONTHLY PAYMENT EST MONTHS REMAINING (C) Continuing Debt Payments (including post-petition mortgage payments on real estate other than Debtor's residence ) Maintain payments of the following continuing debt(s) in accordance with terms of the original contract with any arrearages owed at the time of filing to be cured in paragraph ___ below. CREDITOR NAME MONTHLY PAYMENT (D) Post-petition mortgage payments on Debtor's residence. Payments due postfiling on debt(s) secured by lien(s) on Debtor(s) residence to be at the monthly amount listed below (or as adjusted by creditor under terms of loan agreement) to: CREDITOR NAME MONTHLY PAYMENT BY DEBTOR/TRUSTEE (E) DSO Claims in equal installments. Pay any pre-petition domestic support obligation arrears (not provided for elsewhere in this plan) in full in equal monthly installments over the life of the plan, estimated as: CREDITOR NAME TOTAL AMOUNT DUE INTEREST RATE 4. Attorney Fees. Pay Debtor's attorney $__________ in equal monthly payments over _________ months. Any additional fees allowed by the Court shall be paid pursuant to paragraph 6 below. [See the Local Rules for limitations on use of this paragraph] (L.F. 13 Rev. 10/2014) 2 American LegalNet, Inc. www.FormsWorkFlow.com 5. Pay sub-paragraphs concurrently: (A) Pre-petition arrears on secured claims paid in paragraph 3. Pay prepetition arrearage on debts paid under paragraphs 3 (C) or (D) in equal monthly installments over the period set forth below and with the interest rate identified below, estimated as follows: CREDITOR NAME TOTAL AMOUNT DUE CURE PERIOD INTEREST RATE (B) Secured claims to be paid in full. The following claims shall be paid in full in equal monthly payments over the period set forth below with _____% interest. CREDITOR EST BALANCE DUE REPAY PERIOD TOTAL w/ INTEREST (C) Secured claims subject to modification. Pay all other secured claims the fair market value of the collateral, as of the date the petition was filed, in equal monthly payments over the period set forth below with ____% interest and with any balance of the debt to be paid as non-priority unsecured debt under paragraph 9 (A), estimated as set forth below: CREDITOR BALANCE DUE FMV REPAY PERIOD TOTAL w/ INTEREST (D) Co-debtor guaranteed debt paid in equal monthly installments. The following co-debtor guaranteed claims(s) to be paid by Trustee or by the co-debtor as noted below. If paid by Trustee, pay claim in equal monthly installments over the period set forth below and with interest as identified below. CREDITOR EST BALANCE TRUSTEE/CO-DEBTOR PERIOD INTEREST RATE (E) Pay any post-petition fees and costs as identified in a notice filed per Federal Rule of Bankruptcy Procedure 3002.1 as a supplement to an allowed claim or any other post-petition fees and costs which the Court allows and orders the Trustee to pay. Any such amounts shall be paid in equal monthly payments over the remainder of the plan duration and shall not receive interest. 6. Pay $____________ of debtor's attorney's fees and any additional attorney fees allowed by the Court . 7. Pay sub-paragraphs concurrently: (A) Unsecured Co-debtor guaranteed claims. The following unsecured co-debtor guaranteed debt to be paid by Trustee or by the co-debtor as noted below. If paid by (L.F. 13 Rev. 10/2014) 3 American LegalNet, Inc. www.FormsWorkFlow.com Trustee, pay claim in full with interest rate as identifi