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Chapter 13 Plan And Motions - New Jersey
| Chapter 13 Plan And Motions Form. This is a New Jersey form and can be used in Bankruptcy Court Federal . |
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Last revised 12/1/11 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In Re: Case No.: Judge: Chapter: Debtor(s) ____________________ ____________________ 13 Chapter 13 Plan and Motions " Original " Motions Included Date: ____________________ THE DEBTOR HAS FILED FOR RELIEF UNDER CHAPTER 13 OF THE BANKRUPTCY CODE YOUR RIGHTS WILL BE AFFECTED You should have received from the court a separate Notice of the Hearing on Confirmation of Plan, which contains the date of the confirmation hearing on the Plan proposed by the Debtor. This document is the actual Plan proposed by the Debtor to adjust debts. You should read these papers carefully and discuss them with your attorney. Anyone who wishes to oppose any provision of this Plan or any motion included in it must file a written objection within the time frame stated in the Notice. This Plan may be confirmed and become binding, and included motions may be granted without further notice or hearing, unless written objection is filed before the deadline stated in the Notice. " Modified/Notice Required " Modified/No Notice Required " Discharge Sought " No Discharge Sought YOU SHOULD FILE A PROOF OF CLAIM BY THE DEADLINE STATED IN THE NOTICE TO RECEIVE DISTRIBUTIONS UNDER ANY PLAN THAT MAY BE CONFIRMED, EVEN IF THE PLAN REFERS TO YOUR CLAIM Part 1: Payment and Length of Plan a. The debtor shall pay $ _______________ per _______________ to the Chapter 13 Trustee, starting on _________________________ for approximately _______________ months. b. The debtor shall make plan payments to the Trustee from the following sources: " " Future earnings Other sources of funding (describe source, amount and date when funds are available): American LegalNet, Inc. www.FormsWorkFlow.com c. Use of real property to satisfy plan obligations: " Sale of real property Description: Proposed date for completion: ____________________ " Refinance of real property: Description: Proposed date for completion: ____________________ " Loan modification with respect to mortgage encumbering property: Description: Proposed date for completion: ____________________ d. " The regular monthly mortgage payment will continue pending the sale, refinance or loan modification. e. " Other information that may be important relating to the payment and length of plan: Part 2: Adequate Protection a. Adequate protection payments will be made in the amount of $ _______________ to be paid to the Chapter 13 Trustee and disbursed pre-confirmation to ______________________________ (creditor). b. Adequate protection payments will be made in the amount of $ _______________ to be paid directly by the debtor(s) outside the Plan, pre-confirmation to: ______________________________ (creditor). Part 3: Priority Claims (Including Administrative Expenses) All allowed priority claims will be paid in full unless the creditor agrees otherwise: Creditor Type of Priority Amount to be Paid 2 American LegalNet, Inc. www.FormsWorkFlow.com Part 4: Secured Claims a. Curing Default and Maintaining Payments The Debtor shall pay to the Trustee (as part of the Plan) allowed claims for arrearages on monthly obligations and the debtor shall pay directly to the creditor (outside the Plan) monthly obligations due after the bankruptcy filing as follows: Creditor Collateral or Type of Debt Arrearage Interest Rate on Arrearage Amount to be Paid to Creditor (In Plan) Regular Monthly Payment (Outside Plan) b. Modification 1.) The debtor values collateral as indicated below. If the claim may be modified under Section 1322(b)(2), the secured creditor shall be paid the amount listed as the "Value of the Creditor Interest in Collateral," plus interest as stated. The portion of any allowed claim that exceeds that value shall be treated as an unsecured claim. If a secured claim is identified as having "NO VALUE" it shall be treated as an unsecured claim. NOTE: A modification under this Section ALSO REQUIRES the appropriate motion to be filed under Section 7 of the Plan. Creditor Collateral Scheduled Debt Total Collateral Value Superior Liens Value of Creditor Interest in Collateral Annual Interest Rate Total Amount to be Paid 2.) Where the Debtor retains collateral and completes the Plan, payment of the full amount of the allowed secured claim shall discharge the corresponding lien. 3 American LegalNet, Inc. www.FormsWorkFlow.com c. Surrender Upon confirmation, the stay is terminated as to surrendered collateral. The Debtor surrenders the following collateral: Creditor Collateral to be Surrendered Value of Surrendered Collateral Remaining Unsecured Debt d. Secured Claims Unaffected by the Plan The following secured claims are unaffected by the Plan: e. Secured Claims to be Paid in Full Through the Plan: Creditor Collateral Total Amount to be Paid Through the Plan Part 5: Unsecured Claims a. Not separately classified allowed non-priority unsecured claims shall be paid: " Not less than $ _______________ to be distributed pro rata " Not less than _______________ percent " Pro Rata distribution from any remaining funds b. Separately classified unsecured claims shall be treated as follows: Creditor Basis For Separate Classification Treatment Amount to be Paid 4 American LegalNet, Inc. www.FormsWorkFlow.com Part 6: Executory Contracts and Unexpired Leases All executory contracts and unexpired leases are rejected, except the following, which are assumed: Creditor Nature of Contract or Lease Treatment by Debtor Part 7: Motions NOTE: All plans containing motions must be served on all potentially affected creditors, together with a Chapter 13 Plan Transmittal Letter, within the time and in the manner set forth in D.N.J. LBR 3015-1. A Proof of Service must be filed with the Clerk of Court when the Plan and Transmittal Letter are served. Where a motion to avoid liens or partially avoid liens has been filed in the plan, a proof of claim filed that asserts a secured claim that is greater than the amount to be paid in the plan serves as opposition to the motion, and serves as an objection to confirmation. The proof of claim shall be served in accordance with D.N.J. LBR 3015-6(a). The creditor shall file a proof of service prior to the scheduled confirmation hearing. In order to prosecute the objection, the creditor must appear at the confirmation hearing, which shall be the hearing on the motion. Failure to appear to prosecute the objection may result in the motion being granted and the plan being confirmed pursuant to the terms as set f
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