Chapter 13 Plan

Idaho Form Chapter 13 Plan Page 1 of 7 Fill in this information to identify your case: Debtor 1 First Name Middle Name Last Name Debtor 2 First Name Middle Name Last Name United States District Court for the District of Idaho Case number (If known) Check if this is an amended plan, and list below the sections of that plan that have been changed. Idaho Form Chapter 13 Plan Part 1:Notices To Debtors: This form sets out options that may be appropriate in some cases, but the presence of an option on the form does not indicate that the option is appropriate in your circumstances . Plans that do not comply with local rules and judicial rulings may not be confirmable.In the following notice to creditors, you must check each box that applies.To Creditors: Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated.You should read this plan carefully and discuss it with your attorney. If you do not have an attorney, you may wish to consult one. Debtors must check one box on each line to state whether or not the plan includes each of the following items. If an item is checked as 215Not Included216 or if both boxes are checked, the provision will be ineffective if set out later in the plan. 1/19 1.1 A limit on the amount of a secured claim, set out in Section 3.2, which may result in a partial payment or no payment at all to the secured creditor Included Not included 1.2 Avoidance of a judicial lien or nonpossessory, nonpurchase money security interest, set out in Section 3.4 Included Not included 1.3 Nonstandard provisions, set out in Part 8 Included Not included 1.4 Discharge: Debtor 1 is eligible for discharge of debts Eligible Not eligible Discharge: Debtor 2 is eligible for discharge of debts Eligible Not eligible American LegalNet, Inc. www.FormsWorkFlow.com Idaho Form Chapter 13 Plan Page 2 of 7 Part 2: Plan Payments and Length of Plan 2.1 No later than thirty (30) days after the date the bankruptcy petition is filed or the case converted to Chapter 13, debtor(s) will commence making regular payments to the trustee as follows : + -$ per for months2.2Regular payments to the trustee will be made from future income in the following manner: C heck all that apply. Debtor(s) will make payments pursuant to a payroll deduction order. Debtor(s) will make payments directly to the trustee. months. Debtor(s) may not pay off this plan in less than the term of the plan without notice to interested The Applicable Commitment Period is parties and an opportunity for hearing before the court unless the plan pays all allowed unsecured claims in fu ll. Debtor(s) acknowledge that if the debtor(s) is/are ever more than thirty (30) days delinquent on any payment due under this Section 2.1, upon request of the trustee, or request of the debtor(s) at any time, a payroll deduction order to debtor(s)222 employer may immediately be issued.2.3Income tax refunds. C heck one. Debtor(s) will retain any income tax refunds received during the plan term. Debtor(s) project income tax refunds during the term of this plan. During the Applicable Commitment Period, debtor(s) will turn over to trustee all net income tax refunds. At any time during the term of the plan, debtor(s) shall be entitled to use a tax refund to pay taxes due any other income taxing authority and/or reasonable tax return preparation fees, unless already budgeted. Upon a stipulation between the trustee and the debtor(s), approved by an order of the court, the debtor(s) may retain, in whole or in part, certain net income tax refunds during the term of the plan to facilitate the terms of this plan or to meet other reasonable and necessary needs of the debtor(s). Debtor(s) will treat income tax refunds as follows: 2.4Additional payments. C heck one. None. If "None" is checked, the rest of 247 2.4 need not be completed or reproduced. Debtor(s) will make additional payment(s) to the trustee from other sources, as specified below. Describe the source, estimated amount, and date of each anticipated payment. 2.5The trustee, for cause, may defer not more than two monthly payments per calendar year and not more than four payments over the term of the plan, without further notice to parties or a hearing before the court. Part 3: Treatment of Secured Claims3.1Maintenance of payments and cure of default, if any. C heck one. None. If "None" is checked, the rest of 247 3.1 need not be completed or reproduced. The debtor(s) will maintain the current contractual installment payments on the secured claims listed below, with any changes required by the applicable contract and noticed in conformity with any applicable rules. These payments will be disbursed either by the trustee or directly by the debtor(s), as specified below. Any existing arrearage on a listed claim will be paid in full through disbursements by the trustee, with interest, if any, at the rate stated in equal monthly installments over the term of the plan. Unless otherwise ordered by the court, the amounts listed on a proof of claim filed before the filing deadline under Bankruptcy Rule 3002(c) control over any contrary amounts listed below as to the current installment payment and arrearage. In the absence of a contrary timely filed proof of claim, the amounts stated below are controlling. If relief from the automatic stay is ordered as to any item of collateral listed in this paragraph, then, unless otherwise ordered by the court, all payments under this paragraph as to that collateral will cease, and all secured claims based on that collateral will no longer be treated by the plan. American LegalNet, Inc. www.FormsWorkFlow.com Idaho Form Chapter 13 Plan Page 3 of 7 Name of Creditor Collateral Current installment payment (including escrow) Estimated amount of arrearage (if any) Interest rate on arrearage (if applicable) Estimated Total payments by trustee $ $ % $Disbursed by : Trustee Debtor(s) + -3.2Request for valuation of security, payment of fully secured claims, and modification of undersecured claims. C heck one. None. If "None" is checked, the rest of 247 3.2 need not be completed or reproduced. The debtor(s) request that the court determine the value of the secured claims listed below. For each non-governmental secured claim listed below, the debtor(s) state that the value of the secured claim should be as set out in the column headed Amount of secured claim. For secured claims of governmental units, unless otherwise ordered by the court, the value of a secured claim listed in a proof of claim filed in accordance with the Bankruptcy Rules controls over any contrary amount listed below. For each listed claim, the value of the secured claim will be paid in full with interest at the rate stated below in equal monthly installments over the term of the plan. The portion of any allowed claim that exceeds the amount of the secured claim will be treated as an unsecured claim under Part 5 of this plan. If the amount of a creditor222s secured claim is listed below as having no value, the creditor222s allowed claim will be treated in its entirety as an unsecured claim under Part 5 of this plan. Unless otherwise ordered by the court, the amount of the creditor222s total claim listed on the proof of claim controls over any contrary amounts listed in this paragraph. The holder of any claim listed below as having value in the column headed Amount of secured claim will retain the lien on the property interest of the debtor(s) or the estate(s) until the earlier of: (a) payment of the underlying debt determined under nonbankruptcy law, or (b) discharge of the underlying debt under 11 U.S.C. 247 1328, at which time the lien will terminate and be released by the creditor. For each creditor listed in this section 3.2 the debtor(s) will serve notice on such creditor as required in Bankruptcy Rule 7004 and file a proof of service with the court. Request for valuation of security in which creditors hold an interest must be made consistent with Rule 3012. Name of creditor Estimated amount of creditor's total claim Collateral Value of collateral Amount of claims senior to creditor' s claim Amount of secured claim Interest rate Estimated total o