Last updated: 1/28/2008
Chapter 13 Plan (Cases Filed Before 10-17-05)
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Description
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS IN RE: ) ) ) ) ) ) In Proceedings Under Chapter 13 BK. No.: Debtor(s). CHAPTER 13 PLAN This plan contains evidentiary matter which, if not controverted, may be accepted by the Court as true. Creditors cannot vote on this plan but they may object to its confirmation pursuant to Bankruptcy Code §1324. Any objection must be in writing and must be filed with the Court and served upon the debtor, debtor's counsel (if any), and the Chapter 13 Trustee on or before the confirmation date stated in the §341 meeting notice. Absent any such objection, the Court may confirm this Chapter 13 plan without a hearing. I. FUNDING OF PLAN The debtor is an individual who owed, on the date of the filing of the petition commencing this case, noncontingent, liquidated and unsecured debts totaling $_____________ and noncontingent, liquidated and secured debts totaling $_____________. Debtor(s) will apply the following: A. Debtor's Net Monthly Income Monthly take home pay: Plus other income: Minus expenses: Surplus: Payments Amount and frequency: X Monthly ______ Bi-weekly Duration: _____ Months $_____________ $_____________ $_____________ $_____________ $_____________ _____ Semi-monthly _____ Weekly B. Debtor(s) are also to pay $_____________per _____ extra to the Trustee for payment of claims listed in Paragraph III(I)(3), for a total payment of $_________________ per _______. Source: X Debtor's employer _____ Direct payments from debtor(s) American LegalNet, Inc. www.USCourtForms.com NAME AND ADDRESS OF PAYOR DESIGNATED ABOVE: ____________________________________________ ____________________________________________ C. Other Payments (For example, proceeds of sale, recovery on lawsuit, tax refund) Estimated Date of Receipt Estimated Amount Source II. PRECONFIRMATION DISBURSEMENT Preconfirmation disbursements will be made by the Trustee in accordance with paragraph II of the "Instructions for Chapter 13 Plans." PAYMENTS TO CREDITORS Payments to creditors will be made only if a claim is filed and allowed. The amounts and classifications stated are debtor's estimate of claims. The allowed claim amount and classification will control. From the payments received from debtor(s), the Trustee shall make disbursements in the following order: A. Administrative Claims 1. 2. 3. Filing fee (unpaid portion) Notice fees ($0.50 per page per name on matrix) Attorney's fees: (See IIIA(3) Instructions) The debtor and debtor's attorney have elected: Option 1 _____ Option 2 X for the payment of attorney's fees. Total fees requested $2,200.000, from which the sum of $300.00 shall be paid prior to the distribution to other creditors. 4. 5. 6. Trustee's fee: A percentage, set by the U.S. Trustee, of each distribution. (See IIIA(4) instructions) Auto insurance premiums: (See IIIA(5) Instructions) $____________ $____________ $____________ III. Attorney Notice Fee: After an Order by the Court is entered granting noticing fees, the Trustee will pay these fees as an administrative claim. B. Past due real estate taxes: Past due real estate taxes are owed on debtor's property as follows: American LegalNet, Inc. www.USCourtForms.com Tax Year Parcel Number Tax Deed Case No. (if sold) Purchaser (if sold) Estimated Amount * to be paid *Amount should include projected post-petition penalty and fees to date of payment. _____(1) The following such taxes shall be paid by the Trustee to the County Clerk of _____________County, Illinois Tax Year Parcel Number Not later Than _____(2) The following such taxes shall be paid by the Trustee pursuant to stipulation with the tax purchaser, a copy of which is attached: Tax Year Parcel Number Purchaser _____(3) The following such taxes shall be paid outside the plan by a co-owner of the real estate: Tax Year Parcel Number Co-owner _____(4) The following such taxes shall be paid outside the plan by the debtor(s): Tax Year Parcel Number C. Home Mortgages/Residential Mobile Homes: Monthly payments on mortgage(s) secured by debtor's residence shall be paid: _____ By the Trustee. _____ By the debtor(s) directly to the creditor(s), unless an arrearage claim is filed and allowed, in which case the Trustee may move to increase the plan payments by an amount sufficient to pay the current mortgage payment and arrearage claim inside the plan and the debtor(s) will not object. Creditor Estimated Monthly Payment First Payment Due At Filing American LegalNet, Inc. www.USCourtForms.com The Trustee will pay 100% of arrearages plus interest at the rate of 0 %: _____ Pro-rata with other secured claims _____ In equal monthly installments for _____ months. The amount of arrearage is estimated to be: First mortgage $_______________ Second mortgage $_______________ D. Continuing Claims: The following claims on which the last payment is due after the finalpayment under the plan is due will be paid according to the terms of the original agreement. The Trustee will make the current monthly payments as follows: Creditor Estimated Monthly Payment First Payment Due Estimated Arrearage The Trustee will pay 100% of arrearages: _____Pro-rata with other secured claims _____In equal monthly installments for _____ months E. Current Child Support/Maintenance: These payments will be paid pursuant to previous divorce court order or agreement: _____ By the Trustee _____ By the debtor(s) Estimated Monthly Payment Recipient First Payment Due F. Executory Contracts and Leases: Debtor(s) assume(s) the following contracts and leases and reject(s) all others. Future contract and/or lease payments due to the other party will be paid: _____ By the Trustee _____ By the debtor(s) Other party to Contract/Lease Estimated Monthly Payment First Payment Due Defaults exist on the following contracts and/or leases and will be paid in full by the Trustee: _____ Prior to other claims and attorney fees _____ Pro-rata with secured claims _____ In equal monthly installments for _____ months American LegalNet, Inc. www.USCourtForms.com Other Party to Contract/Lease Estimated Amount in Default G. Other Secured Claims: Creditors who claim a security interest in the property of the debtor must show perfection of such a security interest. If perfection is not shown, such claim may be subject to an action by the Trustee to avoid the alleged lien under §544(a) of the Bankruptcy Code. Such an action may be brought by the Trustee at any time within the time allowed by law. Insurance will b