Last updated: 3/15/2018
Chapter 13 Plan {LBF M}
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Description
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at In re: : : , : Case No. : Chapter 13 Debtor. : : CHAPTER 13 PLAN Original Plan Amended Plan Modified Plan 1.GENERAL PLAN PROVISIONS. The Debtor proposes the following Chapter 13 Plan and makes the following declarations(mark one of the following boxes that apply for each of 1.1, 1.2, and 1.3. below). If a box is be ineffective if set out later in the plan. 1.1 Declaration as to Nonstandard Provisions. This Plan: does not contain nonstandard provisions. OR contains nonstandard provisions set out in Section 9 below. 1.2 Declaration as to Limiting Secured Claims. This Plan: does not limit the amount of a secured claim. OR limits the amount of a secured claim based on the value of the collateral securing the claim as set out in Sections 5.1 through 5.4 below. 1.3 Declaration as to Avoiding Security Interests. This Plan: does not avoid a security interest or lien. OR avoids a security interest or lien as set out in Section 5.1 through 5.4 below. 2.NOTICES.You should read this plan carefully and discuss it with your attorney if you have one inthis bankruptcy case. If you do not have an attorney, you may wish to consult one. 2.1. Notices to Creditors. Your rights may be affected by this Plan. Your claim may be reduced, modified, or eliminated. The declarations set out in Section 1 above may be of particular importance. your claim or any provision of this Plan, you or your attorney must file an objection to confirmation at least 7 days before the date set for the American LegalNet, Inc. www.FormsWorkFlow.com hearing on confirmation, unless otherwise ordered by the Bankruptcy Court. The Court may confirm this Plan without further notice if no objection to confirmation is filed. See Bankruptcy Rule 3015. In addition, you may need to file a timely proof of claim in order to be paid under the Plan. 2.2. Notices to Debtors. This form lists options that may be appropriate in some cases, but not all cases. Just because an option is listed on the form does not mean that it is appropriate for you. Plans contrary to the local rules and Court rulings may not be confirmed. 3.PLAN TERMS. ngs are submitted to the supervision and control of the Trustee,and the Debtor will pay as follows (mark and complete one of 3.1, 3.2, or 3.3 and/or 3.4 below; and, optionally, 3.5 as applicable): 3.1 Even Monthly Payments. $ per month for a term of months. OR 3.2 Varying Monthly Payments. $ per month for month(s), $ per month for month(s), $ per month for month(s), for a total term of months. OR 3.3 Varying Monthly Payments Before and After Confirmation. $ per month before confirmation of this Plan (use Section 4.6.1 below to list the adequate protection payments to be made before confirmation), and $ per month after confirmation of this plan, for a total term of months. AND/OR 3.4 Additional Payments. In addition to monthly Plan payments under 3.1, 3.2, or 3.3, above, the Debtor will make the payments listed below: Amount Date Source of Payment 3.5 Additional Payment of Tax Refunds. The Debtor will provide the Trustee with copies of state and federal tax returns for the years listed below within 15 days of filing the returns (and must timely file the returns on or before April 15 of each year). Not later than June 1 of each year, the Debtor will pay into the Plan the amount of refunds exceeding $ (the amount already pro rated on Schedule I, if any) for each of the listed years unless otherwise ordered by the Court. The tax refund payments are in addition to, and not a credit against, the other payments required to be paid under the Plan. The Debtor will not make any change to the number of any federal and state tax withholding allowances claimed as of the petition date without 30 days prior notice to the Trustee. This commitment covers tax years (list): American LegalNet, Inc. www.FormsWorkFlow.com 4.DISTRIBUTION OF PLAN PAYMENTS.From the payments made, the Trustee will make distributions in the order listed below: 4.1 The Trustee will receive the allowed Trustee commission under 11 U.S.C. 247 1326(b)(2). 4.2 Administrative Claims. Next to be paid, except as provided in Section 4.3 below, are administrative claims under 11 U.S.C. 247 balance of $ due and payable pursuant to a fee arrangement made under Subparagraphs 4.A, B, or C of Appendix F to the Local Bankruptcy Rules. 4.3 Domestic Support Obligations and Non-Appendix F Attorney Fees. Next to be paid, at the same time and pro rata, are allowed unsecured claims for: (i) domestic support obligations under 11 U.S.C. 247 allowed under 11 U.S.C. 247 507(a)(2) by Bankruptcy Court order following an application pursuant to a fee arrangement under Section 7 of Appendix F to the Local Bankruptcy Rules. $ . 4.4 Former Chapter 7 Trustee Claims. Next to be paid are any claims payable to the former Chapter 7 Trustee under 11 U.S.C. 2471326(b)(3). List the monthly payment: $. 4.5 Priority Claims. Next to be paid are other priority claims defined by 11 U.S.C. 247 507(a)(3) - (10). List the expected claims below: Priority Creditor Expected Claim Amount 4.6 Secured Claims. Next to be paid, at the same time and pro rata with payments on priority claims under Section 4.5 above, are secured claims as set forth below. The holder of an allowed secured claim retains its lien under 11 U.S.C. 247 1325(a)(5)(B)(i). Any allowed secured claim listed in the Plan to be paid by the Trustee will be deemed provided for under the Plan. Any allowed secured claim not listed in the Plan to be paid by the Trustee, or not stated to be paid outside of or otherwise addressed in the Plan, will be deemed not provided for under the Plan and will not be discharged. 4.6.1. Adequate Protection Payments for Claims Secured by or Subject to a Lease of Personal Property Beginning not later than 30 days after the petition date and until the Plan is confirmed, the Debtor will directly pay adequate protection payments for claims secured by or subject to a lease of personal property for: None or the Claims Listed Below (mark one box only). After confirmation of the Plan, the claims will be paid under Section 4.6.3. Make sure to American LegalNet, Inc. www.FormsWorkFlow.com list the amount of the monthly payment the Debtor will pay before confirmation, and list the last 4 digits only of the account number, if any, the lienholder uses to identify the claim: Lessor/ Property/ Lienholder Collateral Acct. No (last 4 numbers). Monthly Payment 4.6.2. Pre-petition Arrears on Secured Claims. Pre-petition arrears on secured claims will be paid through the Plan in equal monthly amounts while the Debtor directly pays post-petition payments beginning with the first payment due after filing the petition for: None or the Claims Listed Below (mark one box only). The claims listed below include: Claims and/or Other Property . Monthly No. of. Lienholder Collateral Arrears Payment Months. 4.6.3. Secured Claims Paid Through the Plan. The following secured claims will be paid through the Plan in equal monthly amounts for: None or the Claims Listed Below (mark one box only). Such secured claims include secured claims altered under Sections 5.1 through 5.5 below. Make sure to list the interest rates to be paid: Monthly No. of. Lienholder Collateral Amount %Rate Payment Months. 4.6.4. Surrender Collateral to the Lienholder. The Debtor will surrender collateral to the lienholder for: None or the Claims Listed Below (mark one box only). Describe the collateral securing the claim. Any allowed claim for an unsecured deficiency will be paid pro rata with general unsecured creditors. Unless the Court orders otherwise, a claimant may amend a timely filed proof of claim for an unsecured deficiency after entry of the confirmation order as follows: (a) the amended proof of claim asserting an unsecured deficiency claim for real property shall be filed within days (no less than 180 days) after entry of the confirmation order; (b) the amended proof of claim asserting an unsecured deficiency claim for personal property shall be filed within days (no less than 60 days) after entry of the confirmation order. Upon plan confirmation, the automatic sta