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Chapter 13 Plan (Oakland-San Francisco) (Cases Filed On Or After 8-1-2013) - California

Chapter 13 Plan (Oakland-San Francisco) (Cases Filed On Or After 8-1-2013) Form. This is a California form and can be used in USBC Northern Federal .
 Fillable pdf Last Modified 12/27/2013
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UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Name of Debtor: Case No. CHAPTER 13 PLAN YOU WILL BE NOTIFIED OF THE DATE, TIME, AND LOCATION OF A HEARING TO CONFIRM THIS PLAN AND OF THE DEADLINE TO OBJECT TO ITS CONFIRMATION. IN THE ABSENCE OF A TIMELY WRITTEN OBJECTION, THIS PLAN MAY BE CONFIRMED. IT WILL BE EFFECTIVE UPON ITS CONFIRMATION. Section 1. Plan Payments and Plan Duration 1.01 Plan payments. To complete this plan, Debtor shall: a. Pay to Trustee $ per month for ______ months from the following sources: (describe, such as wages, rental income, etc.): __________________________________________________. Debtor shall after __ months, increase the monthly payment to $____ for ___ months. b. In addition to the foregoing monthly payments, pay to Trustee $___________ from the following sources on the dates indicated: Date(s):__________________________________________________________________________ Source(s):________________________________________________________________________ c. The monthly plan payments will continue for months unless all allowed unsecured claims are fully paid within a shorter period of time. This plan cannot propose monthly payments beyond 60 months. Section 2. Claims and Expenses 2.01. With the exception of any post-petition direct payments to be made by Debtor, the payments required by Sections 2.04, 2.05, 2.07, 2.08, 2.10 and 3.01 will not be made pursuant to this plan unless a timely proof of claim is filed by or on behalf of a creditor, including a secured creditor. 2.02. The proof of claim, not this plan or the schedules, shall determine the amount and classification of a claim unless the court's order on a claim objection, valuation motion, lien avoidance motion, or adversary proceeding judgment affects the amount or classification of a claim. 2.03. Trustee's fees shall be paid pursuant to 28 U.S.C. §586(e). Compensation due a former chapter 7 trustee shall be paid pursuant to 11 U.S.C. §1326(b)(3)(B). Debtor's attorney of record was paid $ before the Chapter 13 case was filed. By separate order or in accordance with applicable Guidelines, after confirmation, debtor's attorney shall be paid additional fees of $____ through this plan at the rate of $_____ per month until paid in full. Secured Claims 2.04. Class 1: All delinquent secured claims that are not modified by this plan. Class 1 claims are delinquent and other than the curing of any arrears, are not modified by this plan. Debtor or a third party (________) shall directly make all post-petition payments on Class 1 claims. a. Cure of arrears. Trustee shall pay in full all allowed pre-petition arrears on Class 1 claims. b. Application of payments. The arrearage payment may include interest. If the provision for interest is left blank, interest will not accrue. The arrearage payment must be applied to the arrears. If this plan provides for interest on arrears, the arrearage payment shall be applied first to such interest, then to arrears. N.D. Cal. Model Chapter 13 Plan (August 1, 2013) American LegalNet, Inc. www.FormsWorkFlow.com Class 1 Creditor's Name/ Collateral Description Amount of Arrears Interest Rate on Arrears (0% unless otherwise stated) Fixed Arrearage Payment Payment Start Date (Start date will be a specific month during the plan) 1. 2. 3. 2.05. Class 2: All secured claims that are modified by this plan. a. Payment of claim. Trustee shall satisfy each Class 2 claim by paying the amount specified below as the monthly payment. Subject to Section 2.05(c), Class 2 claims will be paid in full. The payment of a Class 2 claim shall not include interest unless otherwise specified. If Debtor does not intend to satisfy a Class 2 claim by periodic payments, Debtor shall check this box [ ] and provide for this claim in Additional Provisions. b. Adequate protection payments. Before confirmation, Trustee shall pay each allowed Class 2 claim secured by a purchase money security interest in personal property an adequate protection payment as required by 11 U.S.C. §1326(a)(1)(C). As required by 11 U.S.C. §1325(a)(5)(B)(iii), equal monthly payments must be no less than the adequate protection payment. c. Claim amount. The amount of a Class 2 claim is determined by applicable nonbankruptcy law. If applicable bankruptcy law authorizes a debtor to reduce a secured claim, Debtor may reduce the claim to the value of the collateral securing it by filing, serving, and prevailing on a motion or adversary proceeding to determine the value of that collateral. If this plan proposes to reduce a claim based upon the value of collateral, Debtor shall file this motion or adversary proceeding and have it decided before plan confirmation. d. Lien retention. Each Class 2 creditor shall retain its existing lien as permitted under applicable bankruptcy law. Class 2 Creditor's Name/Collateral Description (No Reduction in Collateral Value) Purchase Money Interest - Personal Property? Y/N Estimated Amount of Claim Interest Rate (0% unless otherwise stated) Monthly Payment 1. 2. Class 2 Creditor's Name/Collateral Description (Reduction in Collateral Value) Reduced Value of Collateral Interest Rate (0% unless otherwise stated) Monthly Payment 1. 2. 2.06. Class 3: All secured claims for which the collateral is being surrendered. Upon confirmation of this plan, the automatic stay is modified to allow a Class 3 secured claim holder to exercise its rights against its collateral. Class 3 Creditor's Name 1. 2. Collateral to be Surrendered N.D. Cal. Model Chapter 13 Plan (August 1, 2013) American LegalNet, Inc. www.FormsWorkFlow.com 2.07. Class 4: All other non-delinquent secured claims. Class 4 claims are not delinquent and are not modified by this plan. Debtor or a third party (________) shall directly make all post-petition payments on Class 4 claims. Class 4 Creditor's Name/Collateral Description 1. 2. 3. Monthly Contract Installment 2.08. The deed of trust with __________________________________ ("Creditor") encumbers real property located at ____________________________________, securing a loan that is the subject of a loan modification application (the "Application"). The monthly payment listed below represents the projected payment under the Application, and may not be the payment when the Application is approved or denied. Notwithstanding Section 2.04, and except as otherwise provided in this plan, Trustee will not pay any pre-petition arrears claimed by Creditor while the Application is proposed or
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