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Order Of Confirmation (Chapter 13 Plan) OLR3015B - New York
| Order Of Confirmation (Chapter 13 Plan) Form. This is a New York form and can be used in Northern District Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF NEW YORK In re: Case No. Chapter 13 ORDER OF CONFIRMATION Debtor(s). __________________________________________ In connection with the chapter 13 plan filed at docket no. ____ ("Plan") before this court for confirmation, the court finds that: (1) Debtor 1 has complied with the filing requirements under 11 U.S.C. § 521(a)(1) (mandatory documents) and 11 U.S.C. § 521(b) (credit counseling certificate); (2) Under penalty of perjury, Debtor has represented to the chapter 13 trustee ("Trustee") and this court that, to the extent applicable, all domestic support obligations owed by Debtor, as defined in 11 U.S.C. § 101(14A), that have become due since the filing of the petition have been paid and that all such obligations coming due during the Plan will be paid in a timely fashion; (3) Debtor's attorney has completed the Certification pursuant to Local Bankruptcy Rule 3015-1 as to (i) compliance with the requirements of the Federal Rules 1 In a joint case, any reference to "Debtor" shall mean "Debtors." 1 (Rev. 1-15-13) American LegalNet, Inc. www.FormsWorkFlow.com of Bankruptcy Procedure ("Fed. R. Bankr. P.") and Local Bankruptcy Rules ("LBR") by providing creditor addresses that enabled proper service upon all creditors and parties in interest of the Plan and notice of the confirmation hearing ("Notice"), and (ii) proper service of the Plan and Notice pursuant to Fed. R. Bankr. P. 7004 and LBR 3015-1(c) upon any creditor affected by an Allowed Contested Matter 2 contained within the Plan as set forth in the certificate of service filed by Debtor's attorney; (4) If applicable, the administrative, secured and priority claims that are deemed filed pursuant to paragraph V of the Plan conform substantially to the requirements of the applicable Federal Rules of Bankruptcy Procedure and use of the Official Proof of Claim form, and that said claims are deemed admissions of an amount due and constitute sufficient proof to allow the Trustee to make a distribution on the claims; and (5) Based upon the Trustee's review and recommendation, and the court's disposition of all pending objections, if any, the Plan meets the confirmation requirements of 11 U.S.C. § 1325. I. THE PLAN Accordingly it is ORDERED that the Plan is confirmed as set forth herein. Payments shall be made payable to the Trustee. Debtor's obligation to make monthly payments, which commenced not later than thirty (30) days from the petition filing date or date of conversion, shall continue until the Plan has been fully performed. A. STANDARD PLAN TERMS $__________________________ $__________________________ $__________________________ Term of Plan: __________________________ Required Monthly Payments: Additional Funding Requirements: Minimum Amount to be Paid into the Plan: $_________________________ Minimum Amounts to be Paid to General Unsecured Creditors under the Plan shall be the greater of: Liquidation: $__________ Disposable Income (B22C Line 59 x 60): $__________ Percentage Repayment: __________% 2 Allowed Contested Matter shall have the same meaning as ascribed in the Plan. 2 (Rev. 1-15-13) American LegalNet, Inc. www.FormsWorkFlow.com During the term of the confirmed Plan, Debtor shall immediately turn over to the Trustee any tax refund in excess of $1,500.00 and, on or before April 25 of each year, shall provide the Trustee with a copy of the federal tax return required to be filed under applicable law. B. NON-STANDARD PLAN TERMS (i) (Insert if applicable, based upon the non-standard plan provision included in the Plan at paragraph V) The specific claims set forth herein held by creditors listed below are hereby allowed and shall be paid through the Plan with the claims deemed filed by the Debtor, subject to being amended by the creditor's timely filed proof of claim: Collateral Description _________________________________ _________________________________ _________________________________ Creditor _______________________________ _______________________________ _______________________________ (ii) _______________________________________________________________ (iii) _______________________________________________________________ NONE C. ORDER OF DISTRIBUTION OF PLAN PAYMENTS BY THE TRUSTEE Unless otherwise directed in this order ("Order"), funds received by the Trustee for distribution to creditors under the Plan shall be applied, after payment of applicable Trustee's fees, in the following order of distribution: First, to pay any and all equal monthly payments required on allowed secured claims under paragraphs II(B)(ii) and (iii); Second, to pay any remaining attorney's fees and other allowed administrative expenses pro rata until paid in full under paragraph II(A)(i) and (ii); Third, to pay allowed secured claims pro rata until paid in full under paragraphs II(B)(i)(a), (iv) and (v); Fourth, to pay allowed priority claims pro rata until paid in full under paragraph II(F); and Fifth, to pay allowed unsecured claims pro rata. 3 (Rev. 1-15-13) American LegalNet, Inc. www.FormsWorkFlow.com In the event Debtor pays ongoing mortgage payments through the Plan under paragraph II(B)(i)(c), those payments shall be made only after payment of applicable Trustee's fees and prior to payment to any other creditor. D. REQUIREMENTS FOR COMPLETION The Plan will be considered complete when: (i) all allowed secured and priority unsecured claims have been paid in full, except those specified in paragraphs II(B)(i)(b) and II(B)(vi); (ii) all payments set forth in paragraph I(A) have been received; and (iii) allowed unsecured claims not separately classified and provided for in paragraph II(H) have been paid either: (i) not less than ____% of their allowed amount, or, (ii) $ __________ representing the higher of liquidation value or projected disposable income, dependent upon whichever provides a greater distribution. II. TREATMENT OF CREDITORS It is further ORDERED that based upon the findings set forth above, the Trustee shall make the distributions on all claims as set forth in this Order including those claims that are deemed filed in the Plan by the Debtor and that all creditors shall be treated as follows: A. ADMINISTRATIVE EXPENSE CLAIMS (i) Debtor's Attorney's Fees Total Fee Approved Amount Paid Directly by Debtor Allowed Administrative Claim to be paid by Trustee (ii) Other Allowed Administrative Claims Creditor Amount of Claim $___________ $ ___________ $___________ B. S
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