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Chapter 13 Plan OLR3015A - New York
| 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: Debtor(s). __________________________________________ Case No. Chapter 13 CHAPTER 13 PLAN ( Amended as of ) The chapter 13 plan ("Plan") does one or more of the following (if the box is checked): Values Collateral to Establish Amount of Secured Claims (Section II(B)(ii)) Sets Interest Rates for Secured Claims (Section II(B)(ii) and (iii)) Assumes and/or Rejects Unexpired Leases and Executory Contracts (Section II(I)) Hereinafter the matters checked are referred to as "Allowed Contested Matters." IF THIS BOX IS CHECKED, THE PLAN CONTAINS NON-STANDARD PROVISIONS AT SECTION V T HAT ARE CONTROLLING AND THAT SHALL SUPERSEDE ANY OTHER PROVISIONS OF THE PLAN. IF THIS IS AN AMENDED PLAN, the reason for filing the Amended Plan is: . NOTICE TO ALL CREDITORS: YOUR RIGHTS WILL BE AFFECTED. You should read these papers carefully and consult an attorney as to their legal effect. A nyone who wishes to oppose any provision of this Plan or the included Allowed Contested Matters MUST file with the United States Bankruptcy Court a timely written objection, so as to be received not later than seven (7) days prior to the hearing on Confirmation of the Plan and approval of the Allowed Contested Matters, and appear at the hearing. Unless a written objection is timely filed, this Plan may be confirmed and become binding, and the included Allowed Contested Matters may be granted, without further notice or hearing. UNLESS A WRITTEN OBJECTION IS TIMELY FILED, the Court will find at confirmation that the chapter 13 Debtor has complied with the filing requirements of 11 U.S.C. § 521(a)(1) (mandatory documents) and 11 U.S.C. § 521(b) (credit counseling certificate). EVEN IF A DEBT IS SPECIFICALLY LISTED IN THIS PLAN, A CREDITOR SHOULD TIMELY FILE A PROOF OF CLAIM. I. A. PAYMENT AND LENGTH OF PLAN. STANDARD PLAN TERMS. Required Monthly Payments: ____________________________________________________ Lump-sum payment(s) in the amount(s) of _________________ from the following source(s): ____ lawsuit proceeds American LegalNet, Inc. www.FormsWorkFlow.com STANDARD PLAN TERMS cont. ... ____ ____ sale proceeds (include description of property to be sold, location, method of sale and anticipated date of sale) other The Debtor shall immediately turn over to the Trustee any tax refund in excess of $1,500.00 during the life of the Plan. Term of Plan: __________________ Minimum Amount to be paid into the Plan:______________________ Minimum amount 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: B. SPECIAL NOTICES. $__________ $__________ __________% SPECIAL NOTICE TO CREDITORS HOLDING UNSECURED CLAIMS: UNSECURED CREDITORS ARE DIRECTED TO CAREFULLY REVIEW THE ORDER OF DISTRIBUTION OF PLAN PAYMENTS BY THE TRUSTEE AT PARAGRAPH I(C) OF THIS PLAN AND CONSULT AN ATTORNEY REGARDING THE PROPOSED TREATMENT OF THEIR CLAIM(S) UNDER THIS PLAN. Under 11 U.S.C. § 1325(b)(1)(B), if an unsecured creditor objects to this Plan, the Court may not approve this Plan unless the Plan provides that all of the Debtor's projected disposable income will be applied to make payments to unsecured creditors under the Plan. Absent an objection, distribution of payments under this Plan will be made pursuant to the order of distribution set forth at paragraph I(C) below. T his distribution scheme may result in the secured and priority claims being paid prior to your unsecured claim. To avoid this result, you must file an objection. SPECIAL NOTICE TO DOMESTIC SUPPORT OBLIGATION CLAIMANTS: THE DEBTOR IS REQUIRED TO MAKE PAYMENTS FOR POST-PETITION DOMESTIC SUPPORT OBLIGATIONS AS THAT TERM IS DEFINED UNDER 11 U.S.C. § 101(14A), COMMENCING ON THE DATE OF FILING AND C ONTINUING DURING THE TERM OF THE PLAN. PRE-PETITON DOMESTIC SUPPORT OBLIGATION ARREARS, IF ANY, ARE ADDRESSED AT SECTION II(F). THE FOLLOWING IS THE NAME AND ADDRESS OF EACH INDIVIDUAL ENTITLED TO RECEIVE DOMESTIC SUPPORT OBLIGATION PAYMENTS, AND THE AMOUNT(S) OF SUCH PAYMENTS: Not Applicable 2 (Rev. 9-01-12) American LegalNet, Inc. www.FormsWorkFlow.com DOMESTIC SUPPORT OBLIGATION CLAIMANTS AND AMOUNTS CONT. ... Payee Name and Address ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ Ongoing Payment Obligation $___________ C. ORDER OF DISTRIBUTION OF PLAN PAYMENTS BY THE TRUSTEE. Subject to any alternate provision in Section V, funds received by the Trustee for distribution to creditors under the Plan, absent objection, shall be applied, after payment of applicable Trustee's fees, in the following order of distribution: First: Second: Third: Fourth: Fifth: To pay any and all equal monthly payments required on allowed secured claims under Section II(B)(ii) and (iii). To pay allowed administrative expenses, including attorney's fees, pro rata, until paid in full under Section II(A)(i) and (ii). To pay allowed secured claims pro rata until paid in full under Section II(B)(i)(a), (iv) and (v). To pay allowed priority claims pro rata until paid in full under Section II(F). To pay allowed unsecured claims pro rata. However, in the event the Debtor pays ongoing mortgage payments through the Plan under Section II(B)(i)(c), those payments shall be made prior to payment to any other creditor and after payment of applicable Trustee fees. D. REQUIREMENTS FOR COMPLETION. The Plan will be considered complete when: (i) (ii) (iii) all allowed secured and priority unsecured claims have been paid in full except those specified in Section II(B)(i)(b); all payments as set forth in Section I have been received by the Trustee for payment to creditors; and allowed unsecured claims not separately classified and provided for in Section II(H) have received at least _____% or $_____________ (either liquidation or disposable income), whichever provides a greater distribution. II. TREATMENT OF CREDITORS. A. ADMINISTRATIVE EXPENSE CLAIMS. All allowed administrative claims shall be paid in full. The amount to be paid shall be the amount listed below unless the creditor holding the claim timely files a proof of claim with the Court setting forth a different amount, which claim amount shall control. (i) Debtor's attorney's fees: Debtor's attorney shall be paid $_________, of which $________ was paid
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