Joint Stipulation And Order Authorizing Plan ModificationStart Your Free Trial $ 17.99
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1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA In re: Debtor(s) Case No. Chapter 13 JOINT STIPULATION AND ORDER AUTHORIZING PLAN MODIFICATION The above-captioned Debtor(s) (hereinafter, the Debtor), and the Office of the Chapter 13 Trustee (the Trustee), jointly stipulate to the necessity of modification of the confirmed plan. Once this Joint Stipulation and Order is signed by the presiding bankruptcy judge and entered by the clerk, it has the force and effect of a court order modifying the plan. Necessity of Notice (check one) The Debtor and the Trustee agree that: No notice is necessary as no party is adversely affected by this Joint Stipulation, which may be submitted to the presiding judge for adjudication as filed. Joint Stipulation and a proposed notice and summary of this Joint Stipulation is attached. Only the below listed entities are affected by the Joint Stipulation and are entitled to notice. A proposed notice and summary of this Joint Stipulation is attached. Status of the Confirmed or as Last Modified Date of confirmation: Date of last modification (if applicable) Number of months remaining for plan completion: Current plan payment on a monthly basis: Estimated distribution to unsecured creditors: American LegalNet, Inc. www.FormsWorkFlow.com 2 Reason for Modification: (check all that apply). The changes to the plan are supported by Amended Schedules I and J prepared by the Debtor and contemporaneously filed with the Court. Unanticipated loss of employment Unanticipated suspension of employment Unanticipated increase in household or medical expenses Uninsured property loss or personal injury Increase in income Settlement of litigation/inheritance Other (explain): Terms of Modified Plan (check and complete all applicable items) Changes in Plan Payment and/or Base: (complete all that apply): The current plan payment on a monthly basis is: The new plan payment on a monthly basis is: The number of months the new payment is effective is: The current plan base is: The new plan base is: Estimated % change in payment to unsecured creditors: Suspension The number of months plan payments are suspended is: The Debtor will resume plan payments on: For the remainder of the plan, the new plan payment is: The suspension of plan payments is without prejudice to any other party seeking relief from the automatic stay or dismissal of the case. Surrender and/or Sale of Property (provide a common description): The surrender or sale of the above-described property will satisfy the secured portion of any lien therein, and the creditor is afforded a period of 30 days following American LegalNet, Inc. www.FormsWorkFlow.com 3 the sale of any property, or 90 days following the surrender of any property, to submit an unsecured claim in the case. All payments on a claim secured by the above-described property shall immediately cease. Benefit to Creditors (check all that apply) The proposed changes benefit the unsecured creditors because: The proposed changes will allow the Debtor to complete the plan. The Debtor is unable to complete the plan as confirmed. The distribution to unsecured creditors is not changed or is increased. Other: (explain) Summary of treatment of creditors after modification (complete all that apply): Secured Creditors Paid Directly by the Debtor: Proof of Claim Number Creditor Secured Creditors Paid Directly by the Trustee: Proof of Claim Number Creditor All other secured creditors shall be paid as set forth in the confirmation order. Pre-Petition Priority Claims Have been paid in full by the Trustee. Will continue to be paid as set forth in the confirmation order. Other: American LegalNet, Inc. www.FormsWorkFlow.com 4 2471305 ClaimsNot Applicable Will be paid by the Trustee Other: Other Provisions: Respectfully submitted and agreed to this day of 2 Debtor or Attorney for the Debtor Name: Bar Number: Address: Tele. Helen M. Morris or Office of the Chapter 13 Trustee P.O. Box 8535 South Charleston, WV 25303 (304)744-6730 American LegalNet, Inc. www.FormsWorkFlow.com