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Chapter 13 Plan 1300 - Oregon
| Chapter 13 Plan Form. This is a Oregon form and can be used in Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON In re ) ) Case No. ______________________ ) (NOTE: If blank, Case No. will be ) on the Meeting of Creditors Notice) ) ) CHAPTER 13 PLAN DATED ____________Debtor(s) MOTION TO VALUE COLLATERAL MOTION TO AVOID LIENS [MARK above IF motion(s) included]l. The debtor shall pay to the trustee: (a) a periodic payment of $_________ _____________________________________________ every ________________________________________________________________________ _________(insert either month or quarter); (b) all proceeds from avoided transfers; (c) upon receipt by the de btor, all tax refunds attributable to prepetition tax years and net tax refunds attributable to postpetition tax years (i.e., tax refunds not included on Schedule I, less tax paid by debtor for a deficiency shown on any tax return for that same tax year or tax paid by setoff by a tax agency for a postpetition tax year) for: The life of the plan, or 36 months from the date the first plan payment is due (Check the applicable provision; if neither is checked, for the life of the plan applies); (d) a lump sum payment of $____________________on or before _________ ___(date); and (e) _______________________________________________________________________________ ________________________ _______________________________________________________________________________________________________. Debtor acknowledges that if the debtor is ever more than 30 days delinquent on any payment due under section 1(a) of this plan, upon request of the trustee, a wage deduction order to debtors employer may issue immediately.2. The trustee shall apply all funds received pursuant to 1 as follows : (a) First, to the trustees commission and expenses. (b) Second, with respect to secured creditors, the terms of the debtors prepetitio n agreement with each secured creditor shall continue to apply, except as otherwise provided in this plan or in the confirmat ion order. If a creditor is not fully secured, the unsecured portion of the creditors claim shall be treated under the provisions o f 2(d) and (e) if the claim identifies the priority portion of the claim, and, if not, under the provisions of 2 (e) only. The following also apply: (1) From the payments received pursuant to 1, if a claim has been timely fi led and allowed as secured, make payments to the following holders of such claims as detailed below. ESTIMATED PREPETITION ARREAR AGES, IF CURING AND REINSTATING, MUST BE SHOWN BELOW. Estimated Arrearage Collateral PostconfirmationPeriodic Creditor Collateral if Curing Value Interest Rate Payment Any allowed secured claims will be paid in installments as shown above, and secured creditors shall retain their liens until terminated by law. Should the trustee not have sufficient funds in trust to pay f ully the disbursements listed above, disbursement of funds available shall be made pro rata. Unless otherwise stated, secur ed claims shall be paid current pursuant to this plan before any further disbursements are made to 2(c), (d) and (e). No interest shall be paid from the date of the filing of the petition to t he date of confirmation unless 10 identifies the creditor(s) to whom such interest shall be paid. The interest rate for each creditor so identified shall be the amount stated in 10 (if no rate is specified the rate shall be the greater of 9% or the stated postconfirm ation rate for said creditor). If no postconfirmation interest rate is stated for a creditor, the interest rate applicable to that creditors secured claim shall be 9%. If the collateral is not to be sold, the value of the collateral shall be fixed in the amount stated above for purposes of administration of this plan as well as for purposes of the amount of any secured claim , if undersecured, unless objected to at or before the first date set for the confirmation hearing on this plan or, if applicable, prior to expiration of time to object to this proposed modified plan, in which case the value will be determined by the court. If the collateral is to be sold, the value shall be the sales price. The debtor MOVES the court for an order so fixing the value of the collateral. (2) Attorney Fees: Original attorney fees are $________________; of which $_________ ________remains unpaid. Said fees are to be paid either: From all available funds after 2(b ) payments are made; Prior to all creditors; or Other - ________________________________________________________________________ _______________________________1300 (6/2/01) Page 1 of 3 [NOTE: Printed text may be stricken!]NOT <<<<<<<<<********>>>>>>>>>>>>> 2 (3) The debtor shall surrender any collateral not otherwise addressed by the te rms of this plan no later than upon confirmation of this plan to the following (i.e., state creditor NAME followed by DESCRIPTION of collateral to be surrendered): (c) Third, pro rata, until fully paid, the balance of any payment to allowed administrative expenses referred to in 507(a)(1). (d) Fourth, pro rata, until fully paid, to timely filed and allowed priority claims in the order stated in 507(a)(3)-(8). (e) Fifth, pro rata, to timely filed and allowed nonpriority unsecured claims, the amounts required by 1325(b)(1). These monies will be distributed in the method indicated in the section marked below [MAR K ONLYONE]. The terms of 8 shall also apply. (1) The creditors will receive approximately __________% of their claims. Paym ent of any dividend will depend upon secured values at the time of confirmation, the total amount of allowed claims, and the costs of administration, including all allowed attorneys fees of the debtor. (2) The creditors will receive a minimum __________% of their claims. This percentage wi ll not be reduced despite the amount of total creditors claims filed. (f) [Not Applicable if NA inserted in the blank] Pursuant to 1325(a)(4), the "best interest of creditors" number is determined to be $________________, and not less than that amount shall be distributed to creditors pursuant to 2(d) and (e). (g) [Not Applicable if NA is inserted in the blank] Pursuant to 1325(a)( 4), all allowed unsecured claims shall receive interest of __________% from the time of confirmation.3. The debtor ASSUMES the following executory contracts and leases: Creditor Amount of Default [State if None]Cure Provisions Those executory contracts or leases not specifically mentioned above are trea ted as rejected. Any timely filed and allowed
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