Chapter 13 Plan {1300.17}

1300.17 (12/1/201 8) Page 1 of 6 [ Note: Printed text may not be stricken.] UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON In re ) ) Case No. ) ) ) ) CHAPTER 13 PLAN DATED Debtor(s) ) NOTICE: Your rights may be affected: all parties (including debtor and creditors) are bound to the terms of a confirmed plan. Creditors222 claims may be modified or eliminated. The plan imposes obligations and duties on the debtor and other parties. You should read these papers carefully and discuss them with your attorney. If you do not have one, you may wish to consult one. If you oppose the plan treatment of your claim or any provision of this chapter 13 plan, you must file an objection. Failure of a creditor to file a written objection to this plan will constitute acceptance of the plan, and the bankruptcy court may confirm the plan without further notice. Objections must be filed within 14 days after the conclusion of the meeting of creditors, unless otherwise ordered by the court; for an amended plan, the deadline is in the attached notice of amendment. If there are any additional plan provisions or provisions that alter the language of paragraphs 122614, they must be in paragraphs 15+ below. 1. Plan Motions. This plan includes the following items (and does not include items not selected): Includes: Motion to Value Collateral: A limit on the amount of a secured claim, set out in paragraphs 4(b)(1) and (2), which may result in a partial payment or no payment at all to the secured creditor. Motion for Relief: Termination of the automatic stay with respect to surrendered property, set out in paragraph 4(b)(4), or property subject to a rejected contract or lease, set out in paragraph 5. Motion to Avoid Liens: Avoidance of a judicial lien or nonpossessory, non - p urchase - money security interest, set out in paragraph 6. Nonstandard Provisions: Nonstandard provisions, set out starting in paragraph 15. 2. Applicable Commitment Period. The applicable commitment period of this plan is 36 or 60 months. Debtor must make plan payments for that period unless debtor first pays 100% of all allowed claims with appropriate interest. If that period is 36 months, the plan payments may continue for a longer period, not to exceed 60 months, as necessary to complete required payments to creditors. The approximate length of the plan is months; cause to extend longer than 36 months is as follows: 3. Payments to the Trustee. Debtor must pay to the trustee: (a) a monthly payment of $ ; (b) all non-exempt proceeds from avoided transfers, including those from transfers avoided by the trustee; (c) upon receipt, net tax refunds attributable to the following tax years: ; net tax refunds are those tax refunds not otherwise provided for in the plan, less tax paid by debtor for a deficiency shown on any tax return for that same tax year or tax paid by setoff by a tax agency for a postpetition tax year. American LegalNet, Inc. www.FormsWorkFlow.com 1300.17 (12/1/201 8) Page 2 of 6 [ Note: Printed text may not be stricken.] (d) a lump sum payment of $ on or before ( date); and (e) . 4. Trustee Disbursements and Treatment of Claims. The trustee must commence prepetition disbursements required by paragraph 4(b)(3); upon confirmation of this plan, the trustee must commence disbursements in accordance with this plan. The trustee must not make any disbursement under this paragraph except on account of an allowed claim or allowed administrative expense. Should the trustee not have sufficient funds in trust to pay fully the disbursements listed below, disbursements of available funds must be made pro rata. The trustee must disburse all funds in the following amounts and order: (a) Trustee222s Fee and Expenses. First, to the trustee's percentage fee and expenses. (b) Treatment of Secured Claims. Second, to secured creditors as provided in (1) and (2) below. The terms of debtor222s prepetition agreement with each secured creditor will continue to apply, except as otherwise provided in this plan or in the confirmation order. The value of collateral for secured claims is fixed at the values stated in (1) and (2) only if there is a check in the box 223Includes224 in paragraph 1 for 223Motion to Value Collateral224 and the plan is served on the secured creditor as required under FRBP 7004 or the allowed amount of the secured claim is fixed by consent of the secured creditor. Secured creditors222 liens shall be treated in accordance with 247 1325(a)(5)(B)(i) and must be released when retention ends under that section. (1) Cure of Default and Claim Modification. Debtor must cure the default and maintain the contractual installment payments (as provided in paragraph 7) on a secured claim listed below in the 223Estimated Arrearage if Curing224 column. The amount listed in that column is an estimate; the creditor222s allowed claim will control. A claim listed in the 223Collateral Value if Not Paying in Full224 column is an allowed secured claim only to the extent of the value listed, and pursuant to 247 506(a), debtor MOVES the court for an order fixing the value of the collateral in the listed amount. The value of the creditor222s interest in the collateral is limited to the amount listed below, and that amount will be paid under the plan with postconfirmation interest at the rate stated below. The holder of a claim listed in the "Estimated Secured Claim if Paying in Full" column will receive the total amount of the claim as set forth in the creditor's proof of claim. For all creditors provided for under this subparagraph (1), if the creditor222s claim will not be paid in full, the portion of the creditor222s claim that exceeds the amount of the allowed secured claim will be treated as an unsecured claim under paragraph 4(f) (if the claim identifies the priority position of the claim) and 4(g) below. Creditor Collateral Estimated Arrearage if Curing Collateral Value if Not Paying in Full Estimated Secured Claim if Paying in Full Interest Rate Monthly Plan Payment Use only one of these columns for each creditor American LegalNet, Inc. www.FormsWorkFlow.com 1300.17 (12/1/201 8) Page 3 of 6 [ Note: Printed text may not be stricken.] (2) Secured Claim Modification Not Expressly Authorized by the Code. Treatment of secured claims under this subparagraph (2) may include modification of a claim secured by a purchase-money security interest in either (a) a motor vehicle acquired for personal use by the debtor within 910 days before the petition date or (b) any other personal property collateral acquired within 1 year before the petition date. A secured claim treated in this subparagraph is limited to the amount listed in the 223Amount of Claim as Modified (Value of Collateral)224 column. Debtor MOVES the court for an order fixing the value of the collateral in the amount listed below. Debtor proposes that the creditors listed accept, either expressly or impliedly, the following treatment, which might not be able to be approved absent consent of creditor. Failure of a creditor to file a written objection to confirmation of this plan before confirmation will constitute acceptance of the plan. Creditor Collateral Amount of Claim as Modified (Value of Collateral) Postconfirmation Interest Rate Monthly Payment (3) Adequate Protection. Payments must be disbursed by the trustee before confirmation, as adequate protection, from funds on hand with the trustee in the payment amounts specified in the plan for personal-property-secured creditors. Payments by the trustee before confirmation will be deducted from the amount of the allowed secured claim. Unless the concerned creditor is fully secured or over secured under 247 506 or 247 1325(a)(9), no interest will accrue or may be paid from the petition date to the confirmation date unless otherwise specifically provided for in the payment provisions set forth above. (4) Surrender of Collateral. Debtor must surrender any collateral not addressed by the terms of this plan no later than the confirmation date to the following (state creditor name followed by description of collateral to be surrendered, and if debtor does not have possession of the collateral, so state): W