Notice Chapter 13 Plan And Related Motions (Amended Pre-2009 Filings)

EXHIBIT A TO SC LBR 3015-1 Effective for all Chapter 13 cases January 1, 2008. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF SOUTH CAROLINA IN RE: CASE NO: CHAPTER: 13 NOTICE, CHAPTER 13 PLAN AND RELATED MOTIONS Debtor(s). NOTICE OF: 1) DEADLINE FOR FILING OBJECTIONS TO CONFIRM ATION OF CHAPTER 13 PLAN; 2) M OTION FOR VALUATION; 3) M OTION TO AVOID CERTAIN LIENS; AND 4) ASSUM PTION OR REJECTION OF EXECUTORY CONTRACTS The following chapter 13 plan (the "Chapter 13 Plan") and related motions (the "Related Motions") have been filed in the above-captioned case. They will be considered at the Confirmation Hearing, notice of which is given in the Notice of Meeting of Creditors. Any objections to the confirmation of the plan, to the payment of attorney's fees in accordance with the distribution set forth herein, to the Motion to Value Security, to the Motion to Avoid Judicial Lien or to Avoid a Nonpurchase M oney, Nonpossessory Security Interest and Lien, or to the assumption or rejection of an executory contract, all as requested herein, must be made in writing, served upon the debtor(s), the undersigned counsel for the debtor(s), and filed with the Court, United States Bankruptcy Court, 1100 Laurel Street, Columbia, SC 29201, within twenty-five (25) days from the date of filing this Notice, Chapter 13 Plan and Related Motions. All objections must comply with South Carolina Local Bankruptcy Rule 9014-4 (SC LBR 9014-4). The Confirmation hearing is not required to be held unless a response, return, and/or objection is timely filed and served. The Notice and Chapter 13 Plan shall be served on or before the date they are filed with the Court and according to Federal Rules of Bankruptcy Procedure, Rules 3015 and 2002. Related Motions shall be served on or before the date of their filing with the Court and according to Federal Rules of Bankruptcy Procedure, Rule 7004. The Chapter 13 Plan and Related Motions propose to value the security of the following creditors: The Chapter 13 Plan and Related Motions propose to avoid a judicial lien or to avoid a nonpurchase money, nonpossessory security interest and lien of the following creditors: The Chapter 13 Plan and Related Motions propose the assumption of executory contracts as follows: NOTE THAT A FAILURE TO OBJECT TO CONFIRM ATION M AY CONSTITUTE AN IM PLIED ACCEPTANCE OF THE PLAN. REVIEW THE PLAN AND RELATED M OTIONS CAREFULLY TO DETERM INE TREATM ENT OF YOUR CLAIM If an objection is filed within twenty-five (25) days after the date of filing and such timely objection is filed before the Confirmation Hearing, the objection will be heard at the Confirmation Hearing, notice of which is given in the Notice of Meeting of Creditors. If an objection is filed within twenty-five (25) days after the date of filing and such timely objection is filed after the Confirmation Hearing, a hearing on the objection will be scheduled and notice of such hearing will be given. If no objection is timely filed in accordance with SC LBR 9014-4, the Court, upon the recommendation of the chapter 13 trustee and without further hearing or notice, may enter an order confirming the plan following the Meeting of Creditors (11 U.S.C. § 341 meeting) and granting the other relief requested therein. 62 American LegalNet, Inc. www.FormsWorkflow.com NOTICE (TO BE COMPLETED ONLY IF FORM PLAN IS ALTERED) The plan below contains language that is in addition to that approved for use in the Chapter 13 Plans in the United States Bankruptcy Court for the District of South Carolina, or otherwise alters the approved Form Plan. Such language is highlighted by (state whether by bold type, italics, or underlining). The unapproved language referred to above appears in Paragraph . Parties wishing to object to the inclusion of unapproved language or any other provision of the plan should review the Notice, Chapter 13 Plan and Related Motions for the correct procedure to be followed. CHAPTER 13 PLAN AND RELATED M OTIONS 1. The future earnings and income of the debtor(s) are submitted to the supervision and control of the chapter 13 trustee, and the debtor(s) shall pay to the chapter 13 trustee the sum of $ per month for a period of ( ) months, or longer if necessary, for completion of this plan according to its terms, but not to exceed 60 months. The debtor's(s') total obligation under this plan will not be less than (the base amount), regardless of the unsecured dividend stated in paragraph 6. In addition to the above, the debtor(s) will pay any portion of a recovery under a pre-petition claim or cause of action, that constitutes disposable income or is not exempt, to the chapter 13 trustee. After the deduction from all disbursements of the allowed chapter 13 trustee's commission and expenses, the chapter 13 trustee shall make disbursements as follows: Fees and expenses of the attorney for the debtor(s) shall be treated as follows: (a) _____ The attorney for the debtor(s) has received $_________ in fees and costs prior to the filing of this case and has agreed to an additional fee and cost reimbursement in the amount of $__________, which latter sum shall be paid under this plan. Additional fees may be sought by Application under the Expedited Fee Procedure. (b) _____ The attorney for the debtor(s) has received a retainer and cost advance of $_________ prior to the filing of this case. The attorney has agreed to file fee applications for compensation and expenses in this case and will hold the retainer and cost advance in trust until fees and expense reimbursements are approved by the Court. For plan confirmation purposes only, the fees and expenses of counsel are estimated at $___________ or less. Following confirmation of the plan and unless the Court orders otherwise, the chapter 13 trustee shall disburse $500.00 to the attorney from the initial disbursement made by the chapter 13 trustee. 1 In addition to the initial disbursement by the chapter 13 trustee, the balance of the attorney's compensation as allowed under paragraphs (a) or (b) above and the terms of the Operating Order shall be paid, to the extent then due, with all funds remaining each month after payment to secured and domestic support creditors as set forth herein. In instances where an attorney assumes representation in pending pro se cases and a plan is confirmed, a separate order may be entered by the Court, without further notice, which allows for the payment of a portion of the attorney's fees in advance of payment