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Confirmation Order NDC-002 - California
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UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In Re ) ) ) ) ) ) Bankruptcy No.: Chapter 13 CONFIRMATION ORDER Debtor(s). 1. A hearing [or continued hearing] was held on Amended Plan] of Arrangement with creditors which was filed on made: , to consider the debtor(s)' Plan [or . The following appearances were 2. [Check one] Upon recommendation of the Trustee, there being no opposition by Creditor, Upon consideration of the papers filed in this case, any testimony given at the confirmation hearing(s), and any argument of counsel. 3. The Court makes the following findings: a. The Plan complies with the provision of Chapter 13 of Title 11, United States Code; b. The debtor has paid the filing fee in full in this case; c. The plan has been proposed in good faith and not by any means forbidden by law; d. The value, as of the effective date of the plan, of property to be distributed under the Plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under Chapter 7 of this Title on such date; e. With respect to each allowed secured claim provided for by the Plan: (i) The holder of such claim has accepted the Plan; or (ii) (A) The Plan provides that the holder of such claim retain the lien securing such claim; and (B) The value, as of the effective date of the Plan, of property to be distributed under the Plan on account of such claim is not less than the allowed amount of such claim; or (iii) The debtor surrenders the property securing such claim to such holder; and f. The debtor will be able to make all payments under the Plan and to comply with the Plan. 4. GOOD CAUSE APPEARING, a. IT IS ORDERED that the debtor(s)' Plan [or Amended Plan] of Arrangement filed on is confirmed. b. IT IS FURTHER ORDERED that acceptance of any delinquent post-petition payments by a secured creditor does not waive any right to foreclosure or sale under a Deed of Trust, in the event of dismissal of the above-designated case or the granting of relief from automatic stay under 11 U.S.C. §362(d). c. IT IS FURTHER ORDERED that the automatic stay provided for by 11 U.S.C. §362 is dissolved as to any secured creditor not provided for in the Plan. d. IT IS FURTHER ORDERED that the running of any three-month period to cure any default, under California Civil Code §2924c, on any obligation secured by a Deed of Trust or mortgage on any real property of the debtor is tolled until this Plan is fully consummated, or the above-entitled case is dismissed, or further order of the Court. The tolling of the three-month period is applicable to the debtor, and any beneficiary under a subordinate Deed of Trust or mortgage, and any person having a subordinate lien or encumbrance on any property of the debtor. e. The future income of the debtor(s) is submitted to the supervision and control of the Trustee, as is necessary for the execution of the plan; and the debtor will pay the Trustee the sum of $ per month until the plan is completed or the case is dismissed. Dated: BANKRUPTCY JUDGE NDC-002 2002 © American LegalNet, Inc.