Chapter 13 Plan And Notice Of Time To Object (Cases Filed On Or After 10-01-08)

United States Bankruptcy Court Southern District of Illinois In re: ) ) ) ) ) Debtor(s) Case No. 9 Original Chapter 13 Plan 9 Amended Plan Number _____ (Changes must be underlined) CHAPTER 13 PLAN AND NOTICE OF TIME TO OBJECT GENERAL ORDER 07-5 and 08-3 : The provisions of the Court's General Order 07-5 and 08-3 are incorporated herein by reference and made part of this plan. The Order is available at www.ilsb.uscourts.gov. YOUR RIGHTS WILL BE AFFECTED: You should read these papers carefully and discuss them with your attorney. Anyone who wishes to oppose any provision of this plan set out below must file a timely written objection. This plan may be confirmed without further notice or hearing unless written objection is filed and served within 20 days after the conclusion of the § 341 meeting of creditors. Objections to an amended plan must be filed and served within 20 days after the date of filing of the amended plan. If you have a secured claim, this plan may void or modify your lien if you do not object to the plan. THIS PLAN DOES NOT ALLOW CLAIMS: Except for the payment of current on-going mortgage payments paid by the Trustee, creditors must file a timely proof of claim to receive distribution under a confirmed plan and to receive average monthly payments as set forth in the Debtor(s)' Plan. 1. PAYMENTS The Debtor or Debtors (hereinafter "Debtor") submit to the Standing Chapter 13 Trustee all projected disposable income to be received within the applicable commitment period of the plan. The payment schedule is as follows: Start Month # End Month # Monthly Payment Total Total Months: Grand Total Payments: The payment shall be withheld from the debtor's paycheck: G Yes G No Employee's name from whose check the payment is deducted: Employer's name, address, city, state, phone: Debtor is paid: G Monthly G Twice monthly G Weekly G Biweekly G Other G This plan cures any previous arrearage in payments to the Chapter 13 Trustee under any prior plan filed in this case. NOTE: PLAN PAYMENTS TO THE TRUSTEE MUST COMMENCE WITHIN 30 DAYS OF THE FILING OF THE PETITION. THE DEBTOR MUST MAKE DI RECT PAYMENTS TO THE TRUSTEE BY MONE Y ORDER OR CASHIER'S CHECK UNTIL THE EMPLOYER DEDUCTION BEGINS. American LegalNet, Inc. www.FormsWorkflow.com ORDER OF DISTRIBUTION The following order of priority shall be utilized by the Trustee with respect to all payments received from the Debtor: 1. Any unpaid portion of the filing fee; 2. Notice fees equal to $.50 per page of the Plan, multiplied by the number of names listed on the Debtor's mailing matrix; 3. The trustee's fees for each disbursement, the percentage of which is fixed by the U.S. Trustee; 4. Other allowed administrative expenses; 5. On-going mortgage payments as set forth in the Debtor's Plan (or as later modified), attorney's fees, secured creditors, and executory contracts/leases (to be paid pro-rata based upon the average monthly payment amount); 6. Priority creditors as set forth in the Debtor's Plan; 7. Any special class of Unsecured Creditors as set forth in the Debtor's Plan ; and 8. General Unsecured Creditors. ATTORNEY FEES Attorney's fees (select one): [ ] Debtor's counsel elects the following fixed fee: [ ] $__________ ($3,500.00 or less for a consumer case); or [ ] pre-petition. The $__________ ($4,000.00 or less for a business case), of which counsel has received $ (not to exceed $500.00 per average monthly payment amount to be received by Debtor's counsel is $ month). [ ] Debtor's counsel elects to be paid on an hourly basis and will file a fee application(s) for approval of fees. No fees shall be disbursed until a fee application is approved by the Court; however, the Trustee shall reserve a total of $3,500.00 for payment toward such application, pursuant to the Order of Distribution. Said funds shall be reserved at the average monthly amount of $300.00 2. OTHER ALLOWED ADMINISTRATIVE EXPENSES Such Claims are as follows Name: _____________________________ Est. Amount of Claim: $_________________ 3. PRIORITY CLAIMS Such Claims are as Follows: A) Domestic Support Obligations: 1) None. If none, skip to Other Priority Claims. . 2) Name of Debtor owing Domestic Support Obligation 3) The name(s), address(es) of the holder of ANY domestic support obligation as defined in 11 U.S.C. § 101 (14A) and estimated arrearage: Name 1. 2. 3. Address, City and State Zip Code Est. Arrearage 4) The Debtor is required to pay all post-petition domestic support obligations directly to the holder of the claim and not through the Chapter 13 Plan. American LegalNet, Inc. www.FormsWorkflow.com B) Domestic Support Obligations assigned to or owed to a governmental unit under 11 U.S.C. §507(a)(1)(B): 1) None. If none, skip to Other Priority Claims. 2) Name of Creditor, total estimated arrearage claim, estimated amount to be paid through the Plan, and the state agency case number: Creditor . . C) Other Priority Claims: Creditor Basis for Priority Estimated Claim Total Est. Arrearage Claim Est. Amount to be paid State Agency Case # 4. REAL ESTATE - CURING DEFAULTS AND MAINTAINING PAYMENTS: Payments shall be made by the trustee if the plan addresses a pre-petition default. Otherwise, payments may be made directly by the Debtor to the creditor. Where there are arrearages, all post-petition payments are to begin on the first due date after the month in which the petition is filed. All fees and/or charges incurred by the creditor prior to the date of the entry of discharge, which are assessed against the debtor either before or after discharge, must be approved by the Court. All payments received from the trustee must be credited by the creditor as the Plan directs. See Amended General Order 07-5 and General Order 08-3. A) Payment of arrearages are as follows: Creditor Description of Collateral Est. Arrearage Int. Rate (If Avg. Monthly B) Payment of on-going mortgage payments made by the Trustee are as follows: Creditor Account # Payment Address Monthly Mortgage Date 1st Pmt C) Payment of on-going mortgage payments made directly by the Debtor are as follows: Creditor Account # Payment Address Monthly Mortgage Pmt. Date 1st Pmt. Due D) Real Estate Property Tax Claims shall be paid as follows: 9 By Debtor Directly 9 Included in the mortgage payment 9 Debtor is not required to pay real estate taxes American LegalNet, Inc. www.FormsWorkflow.com 5. SECURED CLAIMS AND VALUATION OF COLLATERAL UNDER 11 U.S.C. § 506 A) Secured Claims to which §506 Valuation is NOT Appl