Last updated: 10/3/2023
Chapter 13 Plan
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Description
Page 1 Effective December 1, 2017 In re: Debtor 1: Debtor 2: (Spouse, if filing) Debtor(s). In a joint case, Debtor means Debtors in this plan. Part 1. NOTICES To Debtor: This form includes 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. You must provide for the treatment of all secured and priority unsecured claims in this plan. In addition, you must attach a liquidation analysis to this plan. A sample liquidation analysis may be found on the Bankruptcy Court website. http://www.ndb.uscourts.gov 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 retained one in this bankruptcy case. If you have not retained an attorney, you should consider consulting one. If you oppose Debtor222s treatment of your claim or any provision in this plan, you or your attorney must file an objection to plan confirmation before the deadline set by the Court. The Bankruptcy Court may confirm this plan without further notice if no interested parties file objections to confirmation. See Local Rule 3015-1. To Those Seeking Plan Disbursements from the Trustee: You or someone on your behalf must file a proof of claim to be paid by the Trustee. NOTICE OF NONSTANDARD PLAN PROVISIONS, SECURED CLAIM LIMITATIONS AND LIEN OR SECURITY INTEREST AVOIDANCE: Debtor must check a box next to 1.1, 1.2 and 1.3 to state whether the plan includes any of the following items: 1.1 A limit on the amount of a secured claim based on the value of the collateral, which may result in a partial payment or no payment to the secured creditor (see Part 9 below) GIncludedGNot included 1.2 Avoidance of a judicial lie n or nonpossessory, nonpurchase money security interest GIncludedGNot included 1.3 Nonstandard provisions included in Part 16 GIncludedGNot included UNITED STATES BANKRUPTCY COURT DISTRICT OF NORTH DAKOTA CHAPTER 13 PLAN Case No.: Dated: Indicate if this is: Amended Plan (pre-confirmation) Modified Plan (post-confirmation) (1st, 2nd, etc.) American LegalNet, Inc. www.FormsWorkFlow.com Page 2 Effective December 1, 2017 Part 2. DEBTOR222S PAYMENTS TO TRUSTEE 2.1 As of the date of this plan, Debtor has paid the Trustee $. 2.2 After the date of this plan, Debtor will pay the Trustee: $ per month for months beginning in (mo.) of (yr.) $ per month for months beginning in (mo.) of (yr.) $ per month for months beginning in (mo.) of (yr.) $ per month for months beginning in (mo.) of (yr.) For a total of $. The initial plan payment is due not later than 30 days after the order for relief (petition date). 2.3 The minimum plan length is G 36 months or G 60 months from the date of the initial plan payment unless all allowed claims are paid in a shorter time. 2.4 Debtor will also pay the Trustee . 2.5 Debtor will pay the Trustee a total of $ [Parts 2.1 + 2.2 + 2.4]. Part 3. ESTIMATED PAYMENTS BY TRUSTEE TO CREDITORS: From available funds, the Trustee will pay creditors for whom a proof of claim was filed. The Trustee may collect a fee of up to 10% of plan payments or $ [Part 2.5 x .10]. Part 4. ADEQUATE PROTECTION PAYMENTS (247 1326(a)(1)(C)): From available funds, the Trustee will promptly pay adequate protection payments to creditors holding allowed claims secured by personal property, according to the following schedule, beginning in month one. Creditor Monthly payment Number of months Total payments 4.1 4.2 TOTAL Part 5. EXECUTORY CONTRACTS AND UNEXPIRED LEASES (247 365): Debtor assumes the following executory contracts or unexpired leases. Debtor will pay the payments that come due after the petition date directly to the creditors. Cure provisions, if any, are included in Part 8. Those executory contracts and unexpired leases not expressly assumed below are deemed rejected on the date of plan confirmation. Creditor Description of property 5.1 5.2 American LegalNet, Inc. www.FormsWorkFlow.com Page 3 Effective December 1, 2017 Part 6. CLAIMS NOT IN DEFAULT: Debtor is current on the payment of the following claims, and Debtor will pay the payments that come due after the petition date directly to the creditors. The creditors will retain their liens, if any. Creditor Description of property 6.1 6.2 Part 7. HOME MORTGAGES IN DEFAULT (247247 1322(b)(5) AND 1322(e)): The Trustee will cure defaults on the following claims secured only by a security interest in real property that is Debtor222s principal residence. Debtor will pay the installment payments that come due after the petition date directly to the creditors. The creditors will retain liens. 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. In the absence of a contrary timely filed proof of claim, the amounts listed below are controlling. Creditor Amount of default Monthly payment Beginning in month # Number of payments Total payments 7.1 7.2 TOTAL Part 8. CLAIMS IN DEFAULT (247247 1322(b)(3) AND (5) AND 1322(e)): The Trustee will cure defaults on the following claims as set forth below. Debtor will pay the payments that come due after the petition date directly to the creditors. The creditors will retain liens, if any. 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. In the absence of a contrary timely filed proof of claim, the amounts listed below are controlling. Creditor Amount of default Interest rate (if any) Monthly payment Beginning in month # Number of payments Total payments 8.1 8.2 TOTAL American LegalNet, Inc. www.FormsWorkFlow.com Page 4 Effective December 1, 2017 Part 9. SECURED CLAIMS - AMOUNT IN PLAN CONTROLS (247 1325(a)(5) CRAMDOWN): The amount listed in this Part binds the creditors pursuant to 11 U.S.C. 247 1327 and confirmation of the plan is the determination of the creditors222 allowed secured claims. The Trustee will pay the amount listed in the 223Total Payments224 column below. Unless otherwise specified in Part 16, the creditors listed in this Part retain the liens securing their allowed secured claims to the extent provided under 11 U.S.C. 247 1325(a)(5). The unsecured portion of the claim, if any, will be treated as provided in Part 14. For secured claims filed by governmental units, unless otherwise ordered by the Court, the value of a secured claim listed in its proof of claim filed in accordance with Bankruptcy Rule 3012(c) controls over any contrary amount listed below. Creditor Total claim amount Allowed secured claim (Value of collateral) Interest rate Monthly payment Beginning in month # x Number of payments = Plan payments + AP from Part 4 = Total payments 9.1 9.2 TOTAL Part 10. SECURED CLAIMS EXCLUDED FROM 247 506 (247 1325 Hanging Paragraph): Check one. G None. If 223None224 is checked, the rest of Part 10 need not be completed or reproduced. G The claims listed below were either: (1) incurred within 910 days before the petition date and secured by a purchase money security interest in a motor vehicle acquired for the personal use of Debtor, or (2) incurred within 1 year of the petition date and secured by a purchase money security interest in any other thing of value. The Trustee will pay in full the amount of the following allowed secured claims. The following entries are estimates, except for the interest rate. Unless otherwise specified in Part 16, the creditors listed in this Part retain the liens securing their allowed secured claims to the extent provided under 11 U.S.C. 247 1325(a)(5). Creditor Claim amount Secured claim Interest rate Monthly payment Beginning in month # x Number of payments = Plan payments + AP from Part 4 = Total payments 10.1 10.2 10.3 TOTAL American LegalNet, Inc. www.FormsWorkFlow.com Page 5 Effective December 1, 2017 Part 11. PRIORITY CLAIMS (Not including claims under Part 12): The Trustee will pay in full all claims entitled to priority under 247 507(a)(2)