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Order Confirming Plan And Resolving Motions (Ch 13) 1350 - Oregon
| Order Confirming Plan And Resolving Motions (Ch 13) Form. This is a Oregon form and can be used in Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT DISTR ICT OF OREGONIn re ) ) Cas e No. ) ) CONFIRMATION HEARING DATE ) ) ORDER CONFIRMING PLANDebtor(s) ) AND RESOLVING MOTIONS The debtors plan having been provided to creditors and the Court having found that it complies with 11U.S.C. 1325(a), now, therefore IT IS ORDERED: 1. The debtors plan dated , as modified by any amendment shown in 11, is confirmed.2. The debtor shall incur no credit obligations during the life of the plan without the trustees written consent unless made necessary by emergency or incurred in the ordinary course of operating the debtors business. Unless waived by the trustee in writing, the debtor shall report immediately, upon receipt of notice of the change, to the trustee if actual or projected gross annual income exceeds by more than 10% the gross income projected by the debtor in the most recently filed Schedule I. Except for those amounts listed in the schedules, the debtor shall report immediately to the trustee any right of the debtor or debtors spouse to a distribution of funds (other than regular monthly income) or other property which exceeds a value of $2,500.00. This includes the right to disbursements from any source, including, but not limited to, bonuses and inheritances. Any such funds to which the debtor becomes entitled shall be held by the debtor and not used without the trustees permission, or, if such permission is not obtained, a court order. The debtor shall not buy, sell, use, lease (other than a lease of real property in which the debtor will reside), encumber or otherwise dispose of any interest in: (a) real property; or (b) personal property with a value exceeding $10,000.00 outside the ordinary course of business without notice to all creditors and the trustee, with an opportunity for hearing unless such property is acquired through the use of credit and the trustees permission is obtained pursuant to the first sentence of this paragraph.3. During the life of the plan, the debtor(s) shall timely file all required tax returns and provide copies of all tax returns to the trustee each year immediately upon filing with the taxing authority. The debtors failure to pay postpetition tax and/or spousal or child support obligations may constitute cause for dismissal of the debtors Chapter 13 case under 11 USC 1307(c). [NOTE: Printed text may NOT be stricken]1350 (5/1/04) Page 1 of 3 *** SEE NEXT PAGE ***<<<<<<<<<********>>>>>>>>>>>>> 24. The debtors attorney is awarded $ for attorney fees, of which $ previously has been paid by the debtor, leaving a balance of $ to be paid through the plan. 5. The value of collateral securing debts due holders of secured claims is fixed at the values stated in the plan or the modifications in 11 below. Executory contracts and unexpired leases are assumed or rejected as provided in the plan or the modifications in 11 below. The name AND service address for each creditor affected by this paragraph are: 6. Nothing in the proposed plan or in this order shall be construed to prohibit the trustee from prevailing in any adversary proceedings filed under 11 USC 544, 545, 547, 548 or 549.7. (a) Pursuant to 11 USC 522(f)(1)(A) the court hereby avoids the following judicial liens [NOTE: INCLUDE each creditors name AND service address]: (b) Pursuant to 11 USC 522(f)(1)(B) the court hereby avoids the following non-purchase money liens [NOTE: INCLUDE each creditors name AND service address]:8. The debtor, if operating a business without a tax account, shall open a separate bank account and promptly deposit all sums withheld from employees wages and all employer payroll taxes, and shall make no disbursements from such account except to pay tax liabilities arising from payment of wages.9. All payments under the confirmed plan shall be paid no later than 5 years after the date the first payment under the first confirmed plan was due. If all payments are not completed by that date, the case may be dismissed upon the filing of a statement by the trustee regarding the failure to complete payments.10. All creditors to which the debtor is surrendering property pursuant to the plan are granted relief from the automatic stay to effect possession and to foreclose. [NOTE: Printed text may NOT be stricken]1350 (5/1/04) Page 2 of 3 *** SEE NEXT PAGE ***<<<<<<<<<********>>>>>>>>>>>>> 311. The debtor moved to amend the plan by interlineation as follows, which amendments are allowed and become part of the confirmed plan [NOTE: INCLUDE a service address for any creditor whose address is not listed in 5]: 12. The terms of this order are subject to any objection filed within 15 days by [NOTE: INCLUDE a service address for any creditor whose address is not listed in 5, 7 or 11]: 13. The trustee is authorized to commence disbursements in accordance with the plan.14. In the event this case is converted to Chapter 7, and the Chapter 13 trustee possesses funds aggregating more than $1,000.00 at the time of conversion, the Chapter 13 trustee shall forward all such funds to the debtor, in care of the debtors attorney, if any, 10 days after the first scheduled 341(a) meeting in the Chapter 7 case unless, prior to that date, the Chapter 7 trustee files and serves a written objection pursuant to 11 USC 348(f)(2). In the event the funds in the trustees possession at such time aggregate $1,000.00 or less, or in the event this case is dismissed, the Chapter 13 trustee shall forward all funds in the trustees possession to the debtor in care of the debtors attorney, if any. Nothing in this paragraph is to be construed as a determination of the rights of the parties to such funds. U.S. Bankruptcy Judge ### I certify that on I served this Order on the trustee for submission to the court.[To be completed if Debtors Attorney elected to be paid per Schedule 2(b) on LBF #1305.] I further certifyunder penalty of perjury that, through [date], I have incurred hourly fees of $ , and expenses of $ , for a total of $ . I havecontempora neous time records and will provide an itemization of my fees and expenses to the Court orany party in interest in this case upon request. DEBTOR OR DEBTORS ATTORNEYApproved: Trustee [NOTE: Printed text may NOT be stricken.]1350 (5/1/04) Page 3 of 3
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