Ohio > Federal > USBC Northern

Chapter 13 Plan (Cleveland) - Ohio

Chapter 13 Plan (Cleveland) Form. This is a Ohio form and can be used in USBC Northern Federal .
 Fillable pdf Last Modified 4/17/2014
Get this form for FREE as a print-only pdf

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION (CLEVELAND) In Re: ) Chapter 13 Case No.: ____ - ________ - ____ ) ) Judge ______________________ ) Debtor(s). ) ) Original Chapter 13 Plan Modified Chapter 13 Plan, dated _________________ ********************************************************************************************* NOTICE OF SPECIAL PROVISIONS (Check One) This plan DOES NOT include any provision deviating from the uniform plan in effect at the time of the filing of this case. This plan DOES contain special provisions that must be and are set forth in paragraph 11 below. NOTICE OF DISCHARGE ELIGIBILITY The Debtor is eligible for discharge unless otherwise indicated below: Debtor is NOT eligible for discharge under 11 U.S.C §1328(f). Joint Debtor is NOT eligible for discharge under 11 U.S.C §1328(f). ATTENTION CREDITORS AND PARTIES IN INTEREST This plan sets forth how the Debtor or Debtors ("Debtor") propose to pay claims. You should read this plan carefully and discuss it with your attorney. Anyone who wishes to oppose any provision of this plan must file a timely written objection with the court. This plan may be confirmed and become binding without further notice or hearing unless a timely written objection is filed. Creditors must file a proof of claim with the court in order to receive distributions under this plan. _____________________________________________________________________________________________ 1. PAYMENTS A. The Debtor shall make monthly payments to the Chapter 13 Trustee ("Trustee") in the amount of $__________ per month ("Plan Payment") for at least the duration of the applicable commitment period, unless all allowed claims are paid in full in a shorter period of time. B. (Check One) The applicable commitment period is 36 months. The applicable commitment period is 60 months. C. Unless the court orders otherwise, the plan will not be considered complete until either (i) all allowed claims are paid in full, or (ii) the plan has run for at least the applicable commitment period and at least the amount specified in paragraph 7 has been paid to unsecured creditors. D. Trustee may increase the Plan Payment during the term of the plan as necessary to reflect increases, if any, in any conduit payments paid by the Trustee. 1 American LegalNet, Inc. www.FormsWorkFlow.com 2. DISTRIBUTIONS A. After confirmation of this plan, funds available for distribution will be paid monthly by the Trustee in the following order: (i) Trustee's authorized percentage fee and/or administrative expenses; (ii) attorney fees as allowed under applicable rules and guidelines; (iii) conduit payments as provided for in paragraph 3(C); (iv) monthly payments as provided for in paragraph 5(C); (v) monthly payments as provided for in paragraphs 3(A), 3(B), 4(A), 4(B) and 9; (vi) monthly payments as provided for in paragraph 6; and (vii) general unsecured claims. B. If the Trustee has received insufficient funds from the Debtor to make the conduit payment, the Trustee may accumulate funds until sufficient funds are available for distribution of a full monthly payment. The Trustee may distribute amounts different from the monthly payments specified in the plan if the Trustee determines such deviation is appropriate or reasonably necessary for the administration of the plan. C. Unless a claim objection is sustained, a motion to value collateral or to avoid a lien is granted, or the court orders otherwise, distributions on account of claims in paragraphs 3(A), 3(C), 4(A), 5, 6, 7 and 9 will be based upon the classification and amount stated in each claim holder's proof of claim rather than any classification or amount stated in this plan. Conversely, distributions on account of claims in paragraphs 3(B), 4(B) and 4(C) will be based upon the classification and amount stated in the plan rather than the classification and amount stated in the claim holder's proof of claim. Unless otherwise set or mandated by statute, interest on all secured personal property claims provided for in this plan shall be paid pursuant to paragraph 4(D). 3. CLAIMS SECURED BY REAL PROPERTY A. Mortgage Arrearages and Real Estate Tax Arrearages (Paid per the Proof of Claim) Trustee shall pay the monthly payment amount to allowed claims for mortgage arrearages and real estate tax arrearages. Note: If the Trustee will not be making the continuing mortgage payments, the Debtor is responsible for paying all post-petition mortgage payments that ordinarily come due beginning with the first payment due after the filing of the case. Property Address Estimated Arrearage Claim Monthly Payment on Arrearage Claim (Paid by Trustee) Creditor B. Other Real Estate Claims (Paid per the Plan) Trustee shall pay the monthly payment amount to creditors up to the amount and interest rate as specified below. The portion of any allowed claim that exceeds the amount to be paid through the plan shall be treated as an unsecured claim. Unless the court orders otherwise, upon confirmation, the amount, interest rate and monthly payment specified below will be binding under 11 U.S.C §1327. Creditor Property Address Amount to be Paid Through the Plan Interest Rate Monthly Payment (Paid by Trustee) C. Conduit Payments Trustee shall pay the regular monthly mortgage payments beginning with the first payment due after the filing of the case (or the first payment due after the filing of a modified plan if the modified plan proposes to change the treatment of a mortgage from "non-conduit" to "conduit"). Unless real estate taxes and insurance are included in the mortgage payments to be paid by the Trustee pursuant to the Plan, the Debtor shall remain responsible for paying those obligations as they become due. Note: If the Trustee is making the continuing monthly mortgage payments, the mortgage creditor must also be listed in paragraph 3(A) above. 2 American LegalNet, Inc. www.FormsWorkFlow.com Creditor Property Address Monthly Payment (Paid by Trustee) 4. CLAIMS SECURED BY PERSONAL PROPERTY A. Secured Claims (Paid per the Proof of Claim) Claims specified below are debts secured by a purchase money security interest in a vehicle acquired for the personal use of the Debtor for which the debt was incurred within 910 days of filing the bankruptcy petition, or, if the collateral for the debt is any other thing of value, the debt was incurred within one year of filing. Trustee shall pay the following claims, with interest per par
Link/Embed this Document
URL
Embed


Popular Searches

  1. Ex Parte
  2. dismissal
  3. writ of execution
  4. declaration
  5. financial affidavit
  6. SUBSTITUTION OF ATTORNEY
  7. civil cover sheet
  8. request for dismissal
  9. notice of motion
  10. satisfaction of judgment

Bookmark and Share