Hawaii > Federal > Bankruptcy Court > Chapter 13
Chapter 13 Plan hib 3015-1 - Hawaii
| Chapter 13 Plan Form. This is a Hawaii form and can be used in Chapter 13 Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII Debtor: Social Security No.: XXX-XX-________ Joint Debtor: (if any) Address: Social Security No.: XXX-XX-________ Chapter 13 Case No.: CHAPTER 13 PLAN Dated: Amended Plan NOTICE This plan may significantly affect the rights of creditors. If you wish to oppose confirmation of the plan or any related motion to value collateral or to avoid a lien ("plan motion"), you must file a timely written objection. Creditors will receive separate notice of the deadline for objections and the date of the confirmation hearing. If you do not file a timely objection, you will have accepted the treatment proposed in the plan. If no one files a timely objection, the court may cancel the confirmation hearing, confirm this plan, and grant any plan motions. SECTION 1 PLAN SUMMARY 1.01 Monthly payment 1.02 Duration (months) 1.03 Total monthly payments (1.01 x 1.02) 1.04 Additional funding described in section 8 (if any) 1.05 Total plan funding before tax refunds (1.03 + 1.04) $ 1.06 Estimated payment of unsecured claims (%) Under plan Chapter 7 liquidation $ $ $ 1.07 % If checked, there are plan motions to value collateral or to avoid lien(s). % SECTION 2 PAYMENTS TO TRUSTEE 2.01 Commencement of Payments. Debtor shall make the first monthly payment stated in section 1 to Trustee not later than 30 days after the filing of (a) the petition or (b) the order converting the case from another chapter. 2.02 Completion of Payments. Unless section 8 provides otherwise, payments under the plan will be complete upon payment of the amount stated in section 1.05 plus contribution of any tax refunds as provided in section 2.03. 2.03 Tax Refunds. In addition to the plan payments set forth in sections 1.03 and 1.04, Debtor shall turn over to Trustee all tax refunds attributable to prepetition periods and all tax refunds attributable to postpetition periods ending before the full amount stated in section 1.05 has been paid, except to the extent that a refund is (a) exempt, (b) received on account of a child tax credit or earned income credit, (c) subject by law to setoff, recoupment, or similar disposition, or (d) otherwise provided for in section 8. 2.04 Funds Other than Disposable Income. Any additional funding listed in section 1.04 must be described in section 8, including the source, amount, and date when such funds or assets will be available. 2.05 Payment of Debtor's Attorney Fees. Trustee shall pay Debtor's attorney fees and costs out of the plan funding. Total fees Paid prepetition To be paid via plan Unless stated otherwise in section 8, Debtor's attorney elects the award and allowance of fees through plan confirmation, to be determined under the Chapter 13 Attorney Fee Guidelines. $ (Amount of fees may be adjusted at time of confirmation in accordance with the Guidelines.) hib_3015-1 12/11 $ $ + $300 if plan confirmed without continuing hearing Page 1 of 7 American LegalNet, Inc. www.FormsWorkFlow.com [ECF: Chapter 13 Events ... 1 Chapter 13 Plan ORIGINAL or 2 Chapter 13 Plan AMENDED Before Confirmation] 2.06 Pre-Confirmation Adequate Protection Payments and Payments to Lessors. If checked, Trustee shall make adequate protection or lease payments under 11 U.S.C. § 1326(a)(1) (B) or (C) to the parties listed below. Trustee shall make the payments below as soon as practicable after the creditor or lessor files a proof of claim. After confirmation, Trustee shall make distributions as provided elsewhere in this plan. The adequate protection payment amount shall be as indicated below. If no payment amount is indicated below, the adequate protection payment amount shall be two percent of the estimated value of the collateral, unless section 8 provides otherwise. Creditor/ Lessor Property description (& est. value if adequate protection) Mo. Pmt. [Continue in section 8 or on continuation sheet as necessary.] If checked, Debtor shall make adequate protection / lease payments directly to the payee and provide evidence of payment to Trustee. SECTION 3 CLAIMS 3.01 Proofs of Claim. All creditors, including secured creditors, must file a proof of claim in order to receive payments from Trustee, even if this plan mentions their claim. Unless the court orders otherwise, Trustee shall make distributions only on timely filed proofs of claim. Trustee may rely on the face of the proof of claim despite any other information contained in any attachments thereto. 3.02 Determination of Claims. The proof of claim (and any court order disposing of a plan motion or any objection to the claim), not this plan or the schedules, shall determine the amount, classification, and priority of each claim. The information about claims in this plan (other than the classification of claims in Class 6) is provided for informational purposes only and is not binding on any party. 3.03 Secured Claims Limited Stay Relief. Notwithstanding 11 U.S.C. § 362, any secured creditor may transmit to the debtor payment coupon books, notices of payment changes or interest rate changes, escrow account statements, and other statements, and may continue any electronic funds transfer ("EFT") payment arrangements that Debtor validly authorized prepetition, on the condition that such creditor promptly files with the court all such notices and statements (in accordance with any rules for privacy protection). SECTION 4 CLASSIFICATION OF CLAIMS 4.01 Class 1 consists of secured claims where (a) Debtor was in default on the petition date and (b) the claimant=s rights are not modified by the plan, except for the curing of the default. A holder of a Class 1 claim will retain its lien until the underlying debt is paid in full under nonbankruptcy law. This plan does not modify the holder's rights other than by curing the default by paying the prepetition arrearage, i.e. the regular installments of principal, accrued and unpaid interest and other charges, such as attorney fees and collection costs, that became due before the petition date. 4.01-1 Cure Payments by Trustee. Unless the claim holder agrees to different treatment, Trustee shall make distributions to cure the prepetition arrearage on each Class 1 claim by making monthly payments that include the interest on the prepetition arrearage at the standard interest rate described in section 7.03, unless a different rate is stated in the table below. Each Class 1 claimant shall apply such payments only to the prepetition arrearage. The amount of any prepetiti
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