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Chapter 13 Plan And Applicable Motion W.1 - Rhode Island
| Chapter 13 Plan And Applicable Motion Form. This is a Rhode Island form and can be used in Bankruptcy Court Federal . |
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R.I. Bankr. Form W.1 See, R.I. LBR 3015-1 [Revised 12/1/11] [Required for cases filed on or after 4/1/09] UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND CHAPTER 13 CASE NO. IN RE: Debtor(s) CHAPTER 13 PLAN AND APPLICABLE MOTIONS DESIGNATED BELOW: ( ) MOTION TO AVOID LIEN(S) ( ) MOTION TO MODIFY SECURED CLAIM(S) ( ) MOTION TO ASSUME/REJECT LEASE(S) If you oppose any provision of this plan and/or any motions contained within, you MUST FILE A TIMELY WRITTEN OBJECTION. This plan and any motions contained within may be confirmed and become binding on you without further notice or hearing unless a written objection is filed no later than seven (7) days before the hearing date on confirmation, which is scheduled for . Your objection to confirmation must include the specific reasons for your objection, and must be filed with the Court no later than seven (7) days before the hearing date on confirmation. See LBR 30153(b)(1). If you mail your objection to confirmation to the Court for filing, you must mail it early enough so that the Court will receive it on or before the deadline stated above. You must also serve a copy of your objection to confirmation on the debtor(s), the attorney for the debtor(s), and the Chapter 13 trustee at their addresses as they are listed in the notice of the meeting of creditors. See LBR 3015-2(c)(3). If you or your attorney do not take these steps, the Court may decide that you do not oppose the proposed plan of the debtor(s), including any motions contained in the plan, and may enter an order confirming the plan and granting the motions. Any creditor's failure to object to confirmation of the proposed plan or any of the above checked motions shall constitute the creditor's acceptance of the treatment of its claim as proposed, pursuant to 11 U.S.C. Section 1325(a)(5)(A). PLAN PROVISIONS DISCHARGE: (Check one) ( ) The debtor will seek a discharge of debts pursuant to Section 1328(a). ( ) The debtor is not eligible for a discharge of debts because the debtor has previously received a discharge described in Section 1328(f). American LegalNet, Inc. www.FormsWorkFlow.com NOTICE OF SPECIAL PROVISIONS: (Check if applicable) ( ) This plan contains special provisions that are not included in the standard plan as approved by the U.S. Bankruptcy Court for the District of Rhode Island. Those provisions are set out in the OTHER PLAN PROVISIONS section of this plan. I. PLAN PAYMENTS A. Payments by the debtor of $ per month for months. Pursuant to 11 U.S.C. § 1326(a)(1), unless the Court orders otherwise, the debtor shall commence making payments not later than 30 (thirty) days after the date of the filing of the plan or the order for relief, whichever is earlier. B. In addition to the above specified plan payments, other lump sum payments from any source (describe specifically) shall be paid to the trustee as follows: C. For amended plans: (1) The plan payments by the debtor shall consist of the total amount previously paid ($ ) added to the new monthly payment in the amount of $ for the remaining months of the plan for a total base amount, as amended, of $____, plus other payments and property stated in Paragraph B above. (2) The payment amount shall change effective D. Payments to the trustee shall be sent to the following address: Office of the Standing Chapter 13 Trustee P.O. Box 2561 Providence, Rhode Island 02906 II. ADMINISTRATIVE COSTS A. Attorney's Fees. The attorney for the debtor(s) has received $____________ of the total initial attorney fee of $_____________. The remainder of the initial fee shall be paid through the plan. The attorney for the debtor(s) requests additional payment in the amount of $ __________ for representing the debtor in the Court's loss mitigation program, or a loss mitigation program outside of the Court. This fee will be paid through the plan. Therefore, the total attorney fee to be received in this case will be $_________________________. Trustee's Costs. The trustee shall be entitled to reimbursement of fees and costs up to the statutory maximum on each disbursement made by the trustee, regardless of whether it is paid prior to or following confirmation. III. FILING OF PROOFS OF CLAIM A. The trustee shall only distribute payments, including adequate protection payments, to creditors who have actually filed proofs of claim (including adequate proof of security) with the Court that are deemed allowed pursuant to 11 U.S.C. Section 502(a), except as set forth in Section IV B(1) below. B. The trustee shall mail payments and provide notices to the address provided on the filed proof of claim or amended proof of claim or filed name or address change or assignment or transfer of claim filed with the Court. . 2 American LegalNet, Inc. www.FormsWorkFlow.com IV. SECURED CLAIMS A. Mortgages and Other Direct Payments by Debtor. Payments will be made outside the plan according to the original contract terms, with no modification of contract terms and with liens retained. Name of Creditor Description of Collateral Contractual Monthly Payments $ $ $ $ B. Prepetition Arrearages. $ $ $ $ Principal Balance of Claim Contract Rate of Interest % % % % (1) For purposes of this Plan, Prepetition Arrearages shall include all sums included in the allowed claim and shall have a "0" balance upon entry of the Discharge Order in this case. In the event that a Secured Creditor listed in this section fails to timely file a proof of claim in this case, by this Plan the Debtor shall be deemed to have timely filed a proof of claim on behalf of each such Secured Creditor pursuant to 11 U.S.C. § 501(c), in the amount set forth below in paragraph (4) below. (2) No interest will be paid on Prepetition Arrearages unless otherwise stated. (3) Payments made by the Trustee on Debtor's Prepetition Arrearages shall be applied only to those Prepetition Arrearages and not to any other amount owed by Debtor to the Secured Creditor. (4) Information Regarding the Arrearages: Description of Collateral Including Address $ $ Arrearage Amount $ Total to be paid in Plan $ Secured Creditor (5) If Debtor pays the amount(s) specified in section (4) (above), while making all required Post-Petition Payments (see below), Debtor's mortgage will be reinstated according to its original terms, extinguishing any right of the Secured Creditor to recover any amount alleged to have arisen prior to the filing of Debtor's petition. Check if applicable: [ ] Motion to Modify Secured Cla
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