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Chapter 13 Plan And Related Motions - Idaho
| Chapter 13 Plan And Related Motions Form. This is a Idaho form and can be used in Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT DISTRICT OF IDAHO In Re: Case No. Debtor(s) CHAPTER 13 PLAN AND RELATED MOTIONS (Docket ____) This plan is proposed by the debtor. It contains provisions that may significantly affect your rights. It contains matters, which if not objected to, may be accepted by the court as true. Creditors cannot vote on this plan. A creditor who wishes to oppose the plan and related motions may do so by timely filing a written objection. Any objection must be in writing, and must be filed with the court and served upon the debtor, debtor's attorney, and the Chapter 13 trustee as follows (check one): This Chapter 13 Plan was filed with the petition. Any objection must be filed and served by the time set for the 11 U.S.C. sec. 341(a) meeting, not later than seven (7) days thereafter, or as otherwise allowed by law. Absent any such objection, the court may confirm this plan, accept the valuations and allegations herein, and grant the motions without further notice or hearing. This Chapter 13 Plan was not filed with the petition. Any objection must be filed and served no later than seven (7) days prior to the time set for the confirmation hearing, or as otherwise allowed by law. This is an amended plan subject to notice, hearing, and objections under Local Bankruptcy Rule 2002.5(c). If a creditor files a timely written objection, that creditor must also appear at the hearing on confirmation of the plan to assert the objection or the objection may be denied without further notice or hearing. The provisions of the confirmed plan will bind the debtor and each creditor. NOTICE: The undersigned certifies that regardless of any variant formatting: (Check One) This Chapter 13 Plan and Related Motions contains all the standard language as approved by the U.S. Bankruptcy Court, District of Idaho. Except fill-in-the-blank sections, designated check boxes, or claim treatment within any table, there are no modifications to the court-approved language. Chapter 13 Plan Rev. 11/01/10 -1 American LegalNet, Inc. www.FormsWorkFlow.com This Chapter 13 Plan and Related Motions contains language that is different from the standard plan as approved by the U.S. Bankruptcy Court, District of Idaho. An asterisk immediately preceding the section number designates a modified plan section. No asterisk is provided for any fill-in-the-blank sections, designated check boxes, or claim treatment within any table. DISCHARGE: (Check One) The debtor is not eligible for a discharge of debts because the debtor has previously received a discharge described in 11 U.S.C. sec. 1328(f). The debtor will seek a discharge of debts pursuant to 11 U.S.C. sec. 1328(a). 1. PAYMENTS TO TRUSTEE. Such portion of the projected future earnings and income of the debtor as is necessary for the execution of the plan is submitted to the supervision and control of the Chapter 13 trustee for the duration of this plan, to wit: 1.1 PERIODIC PLAN PAYMENTS. In addition to the payments provided under Sections 4.1, 6.1, 6.3, 6.4, and 8, debtor will pay to the trustee for a term, not exceeding_____ months the sum of $__________ monthly. The debtor shall commence making payments proposed by the plan to the trustee no later than thirty (30) days after the date the bankruptcy petition is filed. INCOME TAX REFUNDS. (Check One) 1.2 Debtor projects no income tax refunds during the term of this plan. As a result, no income tax refunds will be turned over to the trustee; OR Debtor projects income tax refunds during the term of this plan. During the applicable commitment period of the plan, as defined in 11 U.S.C. sec. 1325(b)(4), the debtor will turn over to the trustee all net income tax refunds. At any time during the term of the plan, debtor shall be entitled to use a tax refund to pay taxes due any other taxing authority; however, the debtor shall remit any net income tax refund balance to the trustee. Upon the trustee's stipulation with the debtor and an order of the court, the debtor may retain, in whole or in part, certain net income tax refunds during the term of the plan to facilitate the terms of this plan or to meet other reasonable and necessary needs of the debtor. EARLY PAYOFF. Debtor may not pay off this plan in less than the applicable commitment period without notice to interested parties and an opportunity for hearing before the court. WAGE DEDUCTION ORDER. Debtor acknowledges that if the debtor is ever more than thirty (30) days delinquent on any payment due under Section 1.1 of this 1.3 1.4 Chapter 13 Plan Rev. 11/01/10 -2 American LegalNet, Inc. www.FormsWorkFlow.com plan, upon request of the trustee, a wage deduction order to debtor's employer may immediately be issued. 1.5. DEFERRAL OF PAYMENTS FOR CAUSE. The trustee, for cause, may defer not more than two monthly payments per calendar year without further notice to parties or hearing before the court. 2. POST-CONFIRMATION RECOVERY OF PROPERTY. Debtor elects as follows: (Check One) The trustee shall retain the right, post confirmation, to recover moneys, to recover property and to avoid liens pursuant to 11 U.S.C. sec. 541, et seq. Any such recovery or avoidance shall, when liquidated, be disbursed to creditors as additional disposable income, in accordance with 11 U.S.C. sec. 1325 (b); OR The debtor has calculated the right to recover moneys, to recover property and to avoid liens pursuant to 11 U.S.C. sec. 541, et seq in the plan payment. As a result, the trustee shall not retain such further rights post confirmation. 3. PROVISIONS FOR ADMINISTRATIVE AND PRIORITY CLAIMS. From the payments received, the trustee shall make disbursements of allowed claims entitled to administrative and priority status under 11 U.S.C. sec. 503 and 507 respectively, in deferred cash payments as follows. 3.1 Domestic Support Obligations (check all applicable boxes) 3.1.1 3.1.2 No Domestic Support Obligations are owed. The debtor(s) is current on domestic support obligation(s) and will continue to make post-petition payments pursuant to the support order. Allowed unsecured claims for Domestic Support Obligations allowed under 11 U.S.C. sec. 507(a)(1)(A) in equal monthly installments over the term of the plan. Allowed unsecured claims for Domestic Support Obligations allowed under 11 U.S.C. sec. 507(a)(1)(B) in equal monthly installments over the term of the plan. Total of payments if less than 100%: $__________ 3.1.3 3.1.4 3.2 3.3 Trustee. Fees to the trustee as provided by 28 U.S.C. se
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