Chapter 13 Plan {3015-1(B)}

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF OKLAHOMA IN RE: ) ) ) ) ) ) ) ) ) ) CHAPTER 13 PLAN NOTICE TO CREDITORS: YOU SHOULD READ THIS PLAN. EACH PARAGRAPH CONTAINS INFORMATION AND TERMS WHICH MAY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO PAYMENT OF YOUR CLAIM AND RETENTION OF YOUR LIEN RIGHTS OR SECURITY INTEREST. FAILURE TO OBJECT TO CONFIRMATION OF THIS PLAN OR FAILURE TO TIMELY FILE A PROOF OF CLAIM MAY RESULT IN THE LOSS OF YOUR SECURITY INTEREST OR RIGHT TO PAYMENT. YOU SHOULD CONSULT AN ATTORNEY FOR LEGAL ADVICE. SECTION 1: DEFINITIONS. All definitions as used in the Code, F.R.B.P., F.R.C.P. and the L.R.B.P. shall be applicable to this plan. To the extent that this plan provides a more specific definition then the definition contained in the plan shall be controlling. A. Trustee is William Mark Bonney, Standing Chapter 13 Trustee for the Eastern District of Oklahoma, or his successor and Office of the Trustee is the entity which the Trustee operates to fulfill his duties. The terms may be used interchangeably. B. Code or Bankruptcy Code shall mean 11 U.S.C. §101 et seq. C. Plan Term shall be the number of months of the plan duration from the Beginning Month. D. Plan Payments shall mean the monies to be paid by the Debtor(s) to the Office of the Trustee. E. Distributions shall be the monies to be paid by the Office of the Trustee to creditors. F. Direct Payments shall be the monies to be paid by the Debtor(s) to creditors. G. Distribution Date shall mean the date upon which the Office of the Trustee makes disbursements. H. Continuing Payment shall mean the regular monthly payment due on long term debt. I. Start Date is the date the Voluntary Petition is filed under Chapter 13 if the case is originally filed under Chapter 13 or the date the case is converted to Chapter 13 if the case is originally filed under any chapter other than Chapter 13. J. Start Payment Date is the date that is thirty (30) days after the Start Date except where such date would be the 29th, 30th or 31st of the month then the Start Payment date shall be the 5th day of the month that is more than thirty (30) days after the Start Date. K. Beginning Month is the first month after the Start Payment Date and Ending Month is the 1 American LegalNet, Inc. www.FormsWorkFlow.com CASE NO. Chapter 13 Debtor(s).) month that is the number of months equal to the plan term after the Beginning Month. L. Final Plan Payment is the payment from the Debtor(s) that provides sufficient funds, together with all prior plan payments less any Debtor Refunds, to permit the Trustee to fully pay the allowed Class I, II, III, IV.A., IV.B., V and VI claims and to pay to allowed Class IV.C. claims the amounts required under the provisions of said Class IV.C. M. Completion Date is the date the Trustee makes the final disbursement from the Debtor(s)' Final Plan Payment. N. Feasibility shall mean that the plan payments are sufficient to make all distributions provided for by the Plan together with a Trustee Fee calculated at ten percent. O. Form 122C shall be the Official Bankruptcy Form 122C as in effect on the date the Voluntary Petition is filed, which calculates Current Monthly Income. P. Line 45 is the Line 45 to the Official Bankruptcy Form 122C in effect on December 1, 2015. Q. Chapter 7 Liquidation Amount is the amount which is required to be paid to allowed nonpriority unsecured claims under 11 U.S.C §1325(a)(4). R. Disposable Income to Unsecured Creditors Amount is the amount that is required to be paid to non-priority unsecured creditors pursuant to 11 U.S.C. §1325(b)(1)(B). For Debtor(s) whose Applicable Commitment Period is five years, this amount shall be determined by multiplying the amount on Line 45 of Form 122C by 60. In determining this amount the Debtor(s) shall be permitted to deduct the approved attorney fees for Debtor(s)' Counsel as a priority debt. For Debtor(s) whose Applicable Commitment Period is three years this amount shall be determined by subtracting from the Current Monthly Income, the amounts in 11 U.S.C. §1325(b)(2) as disclosed on Schedules I and J and multiplying the result by 36. S. Lanning Amount to Unsecured Creditors shall be the amount that is required to be paid to non-priority unsecured creditors pursuant to the case of In Re Lanning, 560 U.S. 505, 130 S.Ct. 2464 (2010). It shall generally be determined by taking the anticipated future monthly income as reflected on Schedule I and deducting the actual reasonable and necessary expenses as reflected on Schedule J multiplied by the Plan Term. T. Non-Exempt Property is all property of the Debtor and of the Estate for which the Debtor would not be permitted to exempt if a timely objection to exemption were filed regardless of whether any such objection to exemption is actually filed. U. Payment Address is the address designated for receipt of distributions by a creditor in an allowed claim or in a request for administrative expense. In the absence of any designation by a creditor in an allowed claim or Request for Payment of Administrative Expense, the payment address shall be the address listed on the Court's Claims Register. V. Plan is the Chapter 13 Plan and any Amended or Modified Plan. W. Summary of Plan is the one page summary that provides all of the plan payment, direct payment and distribution information. X. Allowed Claims. The following definitions shall apply where no Objection to Claim or Motion to Disallow is filed. Where an Objection to Claim or Motion to Disallow are filed the Allowed Claim Amount shall be the amount allowed pursuant to order of the Court. The Court may completely disallow any secured or unsecured claim that is tardily filed. a. Except where the Court enters an order pursuant to 11 U.S.C. §§506 or 522, the 2 American LegalNet, Inc. www.FormsWorkFlow.com b. c. d. e. f. g. h. i. j. Allowed Class I.A., I.B. or I.C. Secured Claim shall be the lesser of the amount claimed secured by any creditor in its timely filed proof of claim or the amount provided for a Class I.A. Secured Claim in the Summary of Plan. The Court may disallow that portion of any Class I.A. Secured Claim filed after confirmation in excess of the amount provided for in the Summary of Plan. The Allowed Class II.A. Continuing Payment Amount shall be amount claimed by the creditor in its timely filed claim. If the creditor fails to file a claim timely then the Allowed Class II.A. Continuing Payment Amount shall be the lesser o