Section 11.24 Chapter 13 Plan and Plan Summary

• Library: Bankruptcy 2015 Cum - Forms

This form is available at:

www.mow.uscourts.gov/forms.html

IN THE UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MISSOURI

In re:

Debtor(s)

Case No. - - -13

SSN: xxx-xx-

SSN: xxx-xx-

CHAPTER 13 PLAN AND PLAN SUMMARY

[] A check in this box indicates that this plan contains deviations from the standard provisions of the model plan adopted by the court at the time of its filing. If changes have been made to the pre-printed text of the model plan form and this box has not been checked, such changes are null and void.

[] Debtor (and joint debtor if applicable) certifies that all tax returns due for the four tax years prior to the petition date have been filed.

[] Debtor(s) has/have not filed all tax returns due for the four tax years prior to the petition date. The tax return(s) that have not been filed are the following returns and year due: .

[] Original plan []Above median

[] Amended plan []Below median

YOUR RIGHTS WILL BE AFFECTED. You should read these papers carefully and discuss them with your attorney. Any party who wishes to oppose any provision of this plan must file a timely written objection. This plan may be confirmed without further notice or hearing unless written objection is filed with the clerk of the court before the deadlines specified in Local Rule 3083-1(D) and (E).

Unless otherwise noted, all statutory references are to Title 11 of the United States Code and all references to “court” are to the United States Bankruptcy Court for the Western District of Missouri. See Plan Provisions section for definitions.

1. PLAN PAYMENT: Debtor shall pay $ per month from future earnings to the standing Chapter 13 trustee.

[] a. Direct payment: from debtor(s) to trustee; or

[] b. Voluntary Wage Assignment to Employer:

Debtor’s name	Monthly amount	Employer’s name	Street address	City, state & zip
	$
	$

2. ATTORNEY FEES

Total attorney fees	Attorney fees paid directly by the debtor	Attorney fees paid from the plan payments	Equal monthly amount (“EMA”)
$	$	$	$

3. PRIORITY CLAIMS

a. Domestic Support Obligations (“DSO”):

i. Ongoing post-petition DSO:

1. Debtor shall make post-petition DSO payments directly to the holder of the claim whether payments are made to the actual recipient or to a governmental unit as assignee.

2. Pursuant to §112 and FRBP Rule 9037, do not disclose the name of a minor child. Identify only with the minor’s initials.

Debtor’s name	Ongoing DSO claim holder name	Address	Telephone number	Direct monthly payment
				$
				$

ii. Pre-petition arrearages owed to DSO holders under §507(a)(1)(A) and §507(a)(1)(B) shall be paid by the trustee from plan payments on a pro rata basis from funds available after payment of creditors with an EMA unless otherwise specified in paragraph 13.

Debtor’s name	DSO arrearage claim holder name	Address	Telephone number	Estimated arrearage claim
				$
				$

iii. For noticing purposes under §1302(d), if the DSO claim holder listed above in paragraph 3(a)(i) or 3(a)(ii) is a governmental unit, list the name(s), address(es) and phone number(s) of the actual holder of a DSO as defined in §101(14A). Pursuant to §112 and FRBP Rule 9037, do not disclose the name of a minor child. Identify only with the minor’s initials.

Debtor’s name DSO recipient name Address Telephone number

b. Priority claims other than domestic support obligations:

i. Shall be paid by the trustee from the plan payments on a pro rata basis unless otherwise specified in paragraph 13. Any other special provisions must be clearly set out in paragraph 13.

ii. Shall be paid from funds available for this class after payment of creditors with an EMA.

Priority creditor name	Estimated priority claim
	$
	$
	$

4. LONG TERM REAL ESTATE MORTGAGE (RESIDENTIAL & NON-RESIDENTIAL) & OTHER LONG TERM DEBTS (EXCEPT STUDENT LOANS) TREATED PURSUANT TO §1322(b)(5) AND EXCEPTED FROM DISCHARGE PURSUANT TO §1328(a)(1)

a. Pre-petition arrearages shall be paid by the trustee from the plan payments on a pro rata basis unless otherwise specified in paragraph 13.

b. If the post-petition real estate mortgage payments are to be paid from the plan payments, the trustee shall pay pursuant to LR 3094-1.

c. The trustee shall populate the database for post-petition mortgage payments to be paid from the plan payments unless other treatment is clearly specified.

d. If the court enters an order or judgment post-confirmation that deems a mortgage an unsecured claim, the trustee and the debtor retain the right to amend the plan to comply with 11 U.S.C. §1325(a)(4) and to amend the treatment of the affected creditor.

Creditor name	Collateral	Post petition monthly payment	Post-petition payment		Estimated pre-petition arrearage	Arrearage interest rate
			Paid through plan	Paid directly
		$			$	zero
		$			$	zero
		$			$	zero

5. REAL ESTATE MORTGAGES (RESIDENTIAL & NON-RESIDENTIAL) TO BE PAID IN FULL DURING THE LIFE OF THE PLAN BY THE TRUSTEE FROM THE PLAN PAYMENTS

a. Pre-petition arrears shall not be paid as a separate claim as arrears should be part of the principal balance of the claim which is being paid in full.

b. If no monthly payment is provided, the creditor shall be paid pro rata from funds available for this class after the payment of creditors with an EMA.

c. If no interest rate is provided, the trustee shall use the Chapter 13 Rate in effect for this case.

d. If the court enters an order or judgment post-confirmation that deems a mortgage an unsecured claim, the trustee and the debtor retain the right to amend the plan to comply with 11 U.S.C. §1325(a)(4) and to amend the treatment of the affected creditor.

Mortgage lien holder	Collateral	Principal balance	Monthly payment	Interest rate
		$	$	%
		$	$	%

6. STUDENT LOANS

a. Post-petition payments shall be paid the contractual monthly payment as a long term continuing debt as specified below with arrears paid by the trustee from plan payments on a pro rata basis. If no interest rate is provided for the student loan arrears, the trustee shall use the Chapter 13 Rate in effect for this case. (Student loans must qualify as a long term continuing debt to be treated in subparagraph b.)

b. If the box below does not specify whether the ongoing post-petition payments are to be paid directly or from the plan payments, the trustee shall populate the database for the on-going post-petition payments to be paid from the plan payments.

;

Creditor name	Last 4 digits of account #	Estimated claim amount	Contractual monthly payment	Post-petition payment	Estimated arrearage claim	Interest rate for arrears
				Paid through plan	Paid directly
		$	$			$
		$	$			$

c. Student loan claims not listed in subparagraph 6(b) above shall be treated in the same class as other non-priority unsecured creditors as specified in paragraph 12 below.

7. SECURED CREDITORS HOLDING A PURCHASE MONEY SECURITY INTEREST (“PMSI”) ENTITLED TO RECEIVE ADEQUATE PROTECTION

a. The trustee shall pay to the holder of each allowed secured claim the EMA listed below with the appropriate discount rate.

b. An equal monthly amount must be provided for creditors listed in this paragraph.

c. Claims to which §506 valuation is not applicable:

Claims listed in...