Chapter 13 Plan

Form E-2 Effective 8/1/09 (revised 12/01/09) UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA IN RE ____________________________ ____________________________ ) ) ) ) ) CASE NO.: _______________ PROPOSED CHAPTER 13 PLAN, MOTION(S) TO VALUE SECURED CLAIMS (CLASS FOUR), AND NOTICE TO CREDITORS To Creditors: Read this proposed plan ("Plan") carefully and discuss it with your attorney. This proposed plan requests that you accept its terms and contains evidentiary matters, which, if not controverted, may be accepted by the Court as true. The proposed plan may be confirmed without further notice if no objection is timely filed. If you object to any provision of this Plan, or if you oppose any included Motion(s) to Value Collateral (listed inside this plan as Class Four), you MUST file a timely written objection. Objections by any party other than the Chapter 13 Trustee must be in writing and filed with the Court by the deadline set forth in the separate notice of the filing of this plan. This Plan does not allow claims; thus, the fact that your claim is classified herein does not mean that you will receive payment. You must file a proof of claim to be paid even if you are listed in this Plan or on the bankruptcy schedules. If the Debtor proposes to pay a claim directly, then the failure of a creditor to file a proof of claim does not excuse the Debtor from making the required direct payments; provided, however, if any part of a claim is to be paid by the Trustee, the creditor must file a proof of claim. [ ] Original Plan [ ] Pre-Confirmation Amended Plan; Date Amended:________________________ All pre-confirmation Amended Plans must be filed on this form and all pertinent sections completed, including those that are unchanged by the Amended Plan. For an Amended Plan, the Plan provisions amended by this filing are: Creditors affected by this amendment are: (List both creditor name and proof of claim #) The Debtor has: [ ] Above the Applicable Median Income [ ] Below the Applicable Median Income Debtor Claims to be Eligible for Discharge: Estimated dividend to unsecured creditors if case was filed under Chapter 7_____% (See Exhibit A attached) [ ] Yes [ ] No Estimated dividend to unsecured creditors under this Chapter 13 Plan: _____% [ ] Yes [ ] No Joint Debtor Claims to be Eligible for Discharge: Any changes made to the language of this model plan by the Debtor must be placed in bold faced font. Page 1 of 12 American LegalNet, Inc. www.FormsWorkFlow.com I. Plan Payments and Length The Debtor will continue to make payments for the life of the Plan, regardless of whether the estimated dividend to unsecured creditors has been met. The Debtor shall pay $_________ over the life of the Plan, payable in [weekly, bi-weekly, or monthly] installments of $________ over a total period of _____ months to the Trustee. OR, The Debtor anticipates changes in income and expenses over the course of the Plan and proposes payments as follows: The Debtor shall make [weekly, bi-weekly, or monthly] installment payments to the Trustee in the amount of $_________ over a total period of _____ months to the Trustee. Then $_________ [ weekly, bi-weekly, or monthly] for a total period of ____________ months Then $_________ [ weekly, bi-weekly, or monthly] for a total period of ____________ months. The Schedule I net income listed for the Debtor is Less the Schedule J expenses claimed by the Debtor Equals the Debtor's claimed disposable income based on Schedules I & J $_______ $_______ $_______ If the Debtor has above median income, the Debtor listed disposable income on Line 59 of Form B22C (Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income) in the amount of $_________. The Debtor shall make Plan payments by: [ ] A wage withholding order: (Name of Debtor)________________________________________________________________________ (Name of Employer)_____________________________________________________________________ (Employer's Address) ____________________________________________________________________ _________________________ ____________________________________________________________ (Employer's Telephone) __________________________________________________________________ (Amount to be withheld) $____________________________every month. (Name of Joint Debtor)___________________________________________________________________ (Name of Employer)_____________________________________________________________________ (Employer's Address) ____________________________________________________________________ ______________________________________________________________________________________ (Employer's Telephone) __________________________________________________________________ (Amount to be withheld) $____________________________every month. [ ] Direct payment by the Debtor. (Unless otherwise exempted from the wage withholding requirement, checking this box requires the Debtor to file a motion to the Bankruptcy Court explaining why a wage withholding order should not be entered.) In addition to the monthly Plan payments proposed by the Debtor, the following additional property is dedicated to pay claims against the Debtor: _________________________________________________________________________________________________ ___________________________________________________________________________________________________________ (Specify property or indicate if none). Additional property increases the gross base of the Plan. TAX REFUNDS - Regarding the receipt of future tax refunds, the Debtor proposes to: [ ] Dedicate all amounts over $1500 from all tax refunds to increase the gross base on the proposed Chapter 13 Plan; OR [ ] Dedicate the entire amount of all tax refunds to increase the gross base on the proposed Chapter 13 Plan; [ ] Other. Please explain:_______________________________________________________________________________ ____________________________________________________________________________________________________ The Debtor shall submit all tax refunds that are dedicated to the Plan to the Trustee within 30 days of receipt of the same. Page 2 of 12 American LegalNet, Inc. www.FormsWorkFlow.com EFFECTIVE DATE. Plan payments shall commence not later than 30 days after the filing of the petition or date of conversion from another chapter. The amount of the monthly Plan payment may be increased without notice at or before the confirm