Chapter 13 Plan {LBF 3015-1A}

LBF 3015-1A (Eff. 12/1/17) UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE In re: , Bk. No. -- Debtor Chapter 13 CHAPTER 13 PLAN DATED If this box is checked, this plan contains certain nonstandard provisions set out in paragraph 13 below. Any nonstandard provisions stated elsewhere in this plan are void. If this box is checked, this plan seeks to limit the amount of a secured claim based on a valuation of the collateral for the claim pursuant Federal Rule of Bankruptcy Procedure 3012. Details are set out in paragraph 7 below. If this box is checked, the debtor(s) will seek to avoid a judicial lien or non-possessory, nonpurchase-money security interest by separate motion to be filed in due course pursuant to Federal Rule of Bankruptcy Procedure 4003. Details are set out in paragraph 13 below. Debtor: SS # xxx-xx- Joint Debtor: SS # xxx-xx- 1. PLAN PAYMENTS The applicable commitment period pursuant to 11 U.S.C. 247 1325(b)(4) is not less than years. This is a month plan. Debtor(s) will make regular payments to the Trustee as follows: $ per month for months [and $ per month for months.] Total of monthly plan payments: $ Debtor(s) will make additional payments(s) to the Trustee from other sources as specified below. Describe the source, estimated amount, and date of each anticipated payment. In addition, for each year during the term of the plan, all tax refunds in excess of $ will be remitted within fourteen (14) days of receipt to the trustee as additional disposable income to fund the plan. Deviation from this requirement in a given year will be considered by the court only upon the filing of a motion asserting extenuating circumstances; any such motion must be filed within thirty (30) days of the date of the filing of the tax return at issue. 2. ADMINISTRATIVE CLAIMS Trustee222s fee pursuant to 11 U.S.C. 247 1302 and debtor(s)222 attorney222s fees: A. Trustee222s estimated fees and expense (10% of the total to be paid): $ B. Attorney222s fee and expenses requested to be paid through the plan, payable pursuant to AO 2016-1, notwithstanding 11 U.S.C. 247 1325(a)(5)(B)(iii): $ American LegalNet, Inc. www.FormsWorkFlow.com LBF 3015-1A (Eff. 12/1/17) 2 C. Other: $ 3. DOMESTIC SUPPORT OBLIGATIONS The following DSO claims will be paid in full through the plan: Estimated Total Creditor Prepetition Arrearage Claim $ $ 4. PRIORITY CLAIMS Estimated Total Creditor Interest Rate Prepetition Claim % $ % $ 5. SECURED CLAIMS (PRIMARY RESIDENCE) Residence located at: Debtor(s) estimate the fair market value of such primary residence to be: $ Since the debtor(s) seek to retain the collateral, and for the lien to remain in full force and effect, the claim will be treated in one of the following manners: ( ) Outside the plan. The mortgage is current and will continue to be directly payable by the debtor(s). OR ( ) The mortgage is not current. Regular postpetition payments will be made directly by the debtor(s) and the prepetition arrearage only is to be paid through the plan, as follows: Estimated Total Mortgagee Prepetition Arrearage 1st $ 2nd $ 3rd $ OR ( ) As set forth in paragraph 13 below. 6. SECURED CLAIMS (OTHER) Current regular payments are to be made directly by the debtor(s). Prepetition arrearage amounts, if any, are to be paid through the plan: Estimated Total Name of Creditor Description of Collateral Prepetition Arrearage $ $ $ The claims listed below were either (a) 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 the debtor(s), or (b) incurred within 1 year of the petition date and secured by a purchase money security interest in any other thing of value. American LegalNet, Inc. www.FormsWorkFlow.com LBF 3015-1A (Eff. 12/1/17) 3 These claims will be paid in full under the plan with interest at the rate stated below and the payments will be disbursed either by the Trustee or directly by the debtor(s), as specified below. Unless otherwise ordered by the Court, the claim amount stated on a proof of claim filed before the filing deadline under Federal Rule of Bankruptcy Procedure 3002(c) controls over any contrary amount listed below. In the absence of a contrary timely filed proof of claim, the amounts stated below are controlling. Name of Creditor Collateral Claim Amount Interest rate Monthly Plan Payment $ % $ Disbursed by Trustee or Debtor(s) 7. SECURED CLAIMS TO BE MODIFIED The following claims are modifiable under the provisions of the Bankruptcy Code and shall be paid through the plan as indicated. For purposes of Federal Rule of Bankruptcy Procedure 3015(g)(1), by confirming this plan, the Court is not making any determination under Federal Rule of Bankruptcy Procedure 3012 about the amount of a secured claim. Rather, the debtor(s) must file a separate motion consistent with Federal Rule of Bankruptcy Procedure 3012(b) and LBR 3012-1. Name of Creditor: Collateral: Valuation: Proposed Treatment: Name of Creditor: Collateral: Valuation: Proposed Treatment: 8. SECURED CLAIMS WHERE COLLATERAL TO BE SURRENDERED Upon confirmation, the automatic stay under 11 U.S.C. 247247 362(a) and 1301(a) is lifted as to any collateral treated as surrendered or abandoned and such collateral shall be deemed abandoned from the estate. Name of Creditor: Collateral: Name of Creditor: Collateral: 9. EXECUTORY CONTRACTS AND UNEXPIRED LEASES Executory contracts and unexpired leases are assumed or rejected as follows: Proposed Cure Creditor/Lessor Property Description Assumed/Rejected Amount/Period $ $ American LegalNet, Inc. www.FormsWorkFlow.com LBF 3015-1A (Eff. 12/1/17) 4 10. UNSECURED CLAIMS Unsecured creditors222 claims total $ (including, if applicable, the unsecured portion of claims modified under paragraph 7). The percentage to be paid toward these claims will be determined after the bar date for filing claims has passed and will be specified in a motion for authorization to pay certain claims. Unsecured creditors will begin receiving payment on a pro rata basis with any secured arrearage and priority claims after the issuance of such an order. If all scheduled claims are allowed, the percentage distribution to creditors is estimated at %. 11. GENERAL PLAN PROVISIONS A. Duty to Provide Tax Returns and Income Information: For the entire term of the plan, the debtor(s) must provide a copy of each federal income tax return or each request for an extension to file such return, directly to the trustee within seven (7) days of the filing of such return or extension request with the taxing authority. If a debtor is not required to file a federal income tax return for a particular tax year because of a lack of taxable income, then the debtor must notify the trustee, in writing, that no tax return will be filed. The trustee must receive this written notification no later than April 15 of the calendar year in which the tax return would ordinarily have been due. B. Allowance of Claims: In the event that a proof of claim is filed in an amount different from the amount listed in this plan, the proof of claim amount shall be deemed to be the correct amount unless the debtor(s) or another party in interest successfully object to the proof of claim. C. Property of the Estate and Insurance: All property shall remain property of the estate until discharge. Pursuant to 11 U.S.C. 247 1306(b), the debtor(s) will remain in possession of all property of the estate unless a provision of this plan, or an order of this court, specifically states otherwise. The debtor(s) shall maintain all insurance required by law and contract upon property of the estate and the debtor(s)222 property. D. Retention of Lien: All secured creditors shall retain the liens securing their claims unless otherwise stated. E. Application of Payments Under This Plan: 1. Pursuant to 11 U.S.C. 247 524(i), payments received by holders and/or servicers of mortgage claims for ongoing postpetition installment payments shall be applied and credited to the debtor(s)222 mortgage account as if the account were current and no prepetition default existed on the petition date, in the order of priority specifie