Montana > Federal > Bankruptcy Court
Chapter 13 Plan (Sample And Form) LBF-19 - Montana
| Chapter 13 Plan (Sample And Form) Form. This is a Montana form and can be used in Bankruptcy Court Federal . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
_ Mont. LBF 19. Chapter 13 Plan. Name of Attorney Address Phone Number (Attorney for Debtor) State Bar I.D. Number _________ UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA In re ) Case No. ) ) ) ) Debtor(s). ) ------------------------------------------------------------------------ ------------------------------------------ CHAPTER 13 PLAN (DATED ______________) ------------------------------------------------------------------------ ------------------------------------------1. The future earnings and other income of the debtor(s) are submitte d to the supervision andcontrol of the Chapter 13 Standing Trustee as necessary for the executio n of this plan, anddebtor(s) shall pay to the Trustee the sum of $_____________ each mont h until this plan iscompleted. It is contemplated that this plan will take _______ months t o complete. 2. From the payments so received, the Trustee shall make disbursements as follows: (a) Administrative Claims. In advance of all other claims, the Trustee shall pay thoseclaims, fees or charges specified in 11 U.S.C. 507(a)(1), inclu ding the debtors attorney fees andcosts in such amount as may be allowed by the Court. (b) Impaired Secured Claims. After payments provided for above, the Trustee shall payallowed secured claims, as determined pursuant to 11 U.S.C. 506(a) , together with interest atthe rate prescribed below from the date of confirmation, on a pro rata b asis, as follows: Name of Creditor Allowed Secured Claim * Rate of Interest<<<<<<<<<********>>>>>>>>>>>>> 2 [* This figure is the lesser of the total amount of the debt owing to th e creditor or thevalue of the collateral securing said debt.] Secured creditors shall retain their liens until their allowed secured c laims have been paidin full, together with interest. In order for any unsecured deficiency to be allowed and paid, aproof of claim must be filed pursuant to Montanas Local Bankruptcy Rule s. (c) Unimpaired Secured Claims. The following secured creditors, whose claims will beleft unimpaired by this plan, are not provided for by this plan and shal l receive no paymentsthrough the trustee except with regard to those arrearages specified bel ow, if any: Name of Creditor Description of Collateral Concurrently with the payments on impaired secured claims specified abov e, the followingarrearages on unimpaired secured claims, if any, shall be paid through t he Trustee on a pro ratabasis until the same have been paid in full: Name of Creditor Amount of Arrearage (d) Priority Claims. After payments provided for above, the Trustee shall pay allowedclaims entitled to priority in such order as specified in 11 U.S.C. 507. (e) Unsecured Claims. After the payments specified above, the Trustee shall paydividends, to the extent possible, to allowed unsecured, nonpriority cla ims on a pro rata basis. (f) Liquidation Analysis. The total amount distributed under paragraphs 2.(d) and (e) willbe at least $____________, which exceeds what would be available to pay unsecured claims if thedebtors estate was liquidated under Chapter 7 of the Bankruptcy Code. A discharge will not beentered by the Court until said sum has been distributed, or until all a llowed unsecured claimshave been paid in full, whichever is less. 3. The debtor(s) rejects the following executory contracts and unexpi red leases, and shallsurrender property subject to such contracts or leases: Type of Agreement Date of Agreement Other Party to Contract<<<<<<<<<********>>>>>>>>>>>>> 3 All other executory contracts and unexpired leases shall be affirmed. 4. Debtor(s) reserves the right to incur postpetition secured debts, upon prior written approval ofthe Trustee, for items necessary to debtor(s) performance under this p lan. 5. The Debtor(s) shall commit all projected disposable income to the plan and shall report anychanges in income to the trustee. 6. Other Provisions: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 7. Under penalty of perjury Debtor(s) affirms that all federal and st ate income, employment andother tax returns due as of the date of this plan have been filed with t he appropriate agency. DATED this ____ day of ____________, 200_. __________________________ Debtor __________________________ Debtor<<<<<<<<<********>>>>>>>>>>>>> 4____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA In re ) Case No. ) ) ) ) Debtor(s). ) ------------------------------------------------------------------------ ------------------------------------------ CHAPTER 13 PLAN DATED ______________ ------------------------------------------------------------------------ ------------------------------------------1. The future earnings and other income of the debtor(s) are submitte d to the supervision andcontrol of the Chapter 13 Standing Trustee as necessary for the executio n of this plan, anddebtor(s) shall pay to the Trustee the sum of $_____________ each mont h until this plan iscompleted. It is contemplated that this plan will take _______ months t o complete. 2. From the payments so received, the Trustee shall make disbursements as follows: (a) Administrative Claims. In advance of all other claims, the Trustee shall pay thoseclaims, fees or charges specified in 11 U.S.C. 507(a)(1), inclu ding the debtors attorney fees andcosts in such amount as may be allowed by the Court. (b) Impaired Secured Claims. After payments provided for above, the Trustee shall payallowed secured claims, as determined pursuant to 11 U.S.C. 506(a) , together with interest atthe rate prescribed below from the date of confirmation, on a pro rata b asis, as follows: Name of Creditor Allowed Secured Claim Rate of Interest<<<<<<<<<********>>>>>>>>>>>>> 5 Secured creditors shall retain their liens until their allowed secured c laims have been paidin full, together with interest. In order for any unsecured deficiency to be allowed and paid, aproof of claim must be filed pursuant to Montanas Local Bankruptcy Rule s. (c) Unimpaired Secured Claims. The following secured creditors, whose claims will beleft unimpaired by this plan, are not provided for by this plan and shal l receive no paymentsthrough the trustee except with regard to tho
|
|||||||
