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Chapter 13 Plan 3015-a - Texas
| Chapter 13 Plan Form. This is a Texas form and can be used in Eastern District Bankruptcy Court Federal . |
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TXEB Local Form 3015-a UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS _______________ DIVISION IN RE NAME OF DEBTOR xxx-xx-1234 Address of Debtor Debtor ) ) ) ) ) ) Case No:___________ Chapter 13 You should read this Plan carefully and discuss it with your attorney. Confirmation of this Plan by the Bankruptcy Court may modify your rights by providing for payment of less than the full amount of your claim, by setting the value of the collateral securing your claim, and/or by setting the interest rate on your claim. CHAPTER 13 PLAN Debtor or Debtors (hereinafter called "Debtor") proposes this Chapter 13 Plan: 1. Submission of Income. Debtor submits to the supervision and control of the Chapter 13 Trustee ("Trustee") all or such portion of future earnings or other future income of Debtor as is necessary for the execution of this Plan. 2. Plan Payments and Length of Plan. Debtor will pay the sum of $________ per month to Trustee by [ ] Payroll Deduction(s) or by [ ] Direct Payment(s) for the period of _____ months, unless all allowed claims in every class, other than long-term claims, are paid in full in a shorter period of time. The term of this Plan shall not exceed sixty (60) months. See 11 U.S.C. §§ 1325(b)(1)(B) and 1325(b)(4). Each pre-confirmation plan payment shall be reduced by any preconfirmation adequate protection payment(s) made pursuant to Plan paragraph 6(A)(i) and § 1326(a)(1)(C). The following alternative provision will apply if selected: ___ IF CHECKED, Plan payments will increase by $ . upon completion or termination of on , 20__ 3. Payment of Claims. The amounts listed for claims in this Plan are based upon Debtor's best estimate and belief. Allowed claims shall be paid to the holders thereof in accordance with the terms thereof. From the monthly payments described above, the Chapter 13 Trustee shall pay the following allowed claims in the manner and amounts specified. Claims 1 American LegalNet, Inc. www.FormsWorkflow.com filed by a creditor designated as secured or priority but which are found by the Court to be otherwise shall be treated as set forth in the Trustee's Recommendation Concerning Claims. 4. Administrative Claims. Trustee will pay in full allowed administrative claims and expenses pursuant to §507(a)(2) as set forth below, unless the holder of such claim or expense has agreed to a different treatment of its claim. (A). Trustee's Fees. Trustee shall receive a fee for each disbursement, the percentage of which is fixed by the United States Trustee. (B). Debtor's Attorney's Fees. The total attorney fee as of the date of filing of the petition is $ . The amount of $ was paid prior to the filing of the case. The balance of $ will be paid from first funds upon confirmation, or in the alternative ______ from the remaining balance of funds available after specified monthly payments. The total attorney fees are subject to reduction by notice provided in the Trustee's Recommendation Concerning Claims to an amount consistent with LBR 2016(h) absent a certification from debtors attorney regarding legal services provided pertaining to automatic stay litigation occurring in the case. 5. Priority Claims. (A). Domestic Support Obligations. None. If none, skip to Plan paragraph 5(B). (i). Debtor is required to pay all post-petition domestic support obligations directly to the holder of the claim. (ii). The name(s) and address(es) of the holder of any domestic support obligation are as follows. See 11 U.S.C. §§ 101(14A) and 1302(b)(6). _________________________ _________________________ _________________________ _________________________ (iii). Anticipated Domestic Support Obligation Arrearage Claims (a). Unless otherwise specified in this Plan, priority claims under 11 U.S.C. § 507(a)(1) will be paid in full pursuant to 11 U.S.C. § 1322(a)(2). These claims will be paid at the same time as claims secured by personal property, arrearage claims secured by real property, and arrearage claims for assumed leases or executory contracts. None; or 2 American LegalNet, Inc. www.FormsWorkflow.com (a) Creditor (Name and Address) (b) Estimated arrearage claim (c) Projected monthly arrearage payment (b). Pursuant to §§ 507(a)(1)(B) and 1322(a)(4), the following domestic support obligation claims are assigned to, owed to, or recoverable by a governmental unit. None; or Claimant and proposed treatment: ___________________________________ ______________________________________________________________ ______________________________________________________________ (B). Other Priority Claims (e.g., tax claims). These priority claims will be paid in full, but will not be funded until after all secured claims, lease arrearage claims, and domestic support claims are paid in full. (a) Creditor (b) Estimated claim 6. Secured Claims. (A). Claims Secured by Personal Property Which Debtor Intends to Retain. (i). Pre-confirmation adequate protection payments. Unless the Court orders otherwise, no later than 30 days after the date of the filing of this plan or the order for relief, whichever is earlier, the Debtor shall make the following adequate protection payments to creditors pursuant to § 1326(a)(1)(C). If the Debtor elects to make such adequate protection payments on allowed claims to the Trustee pending confirmation of the plan, the creditor shall have an administrative lien on such payment(s), subject to objection. If Debtor elects to make such adequate protection payments directly to the creditor, Debtor shall provide evidence of such payment to the Trustee, including the amount and date of the payment, as confirmation is prohibited without said proof. Debtor shall make the following adequate protection payments: directly to the creditor; or to the Trustee pending confirmation of the plan. 3 American LegalNet, Inc. www.FormsWorkflow.com (a) Creditor (b) Collateral (c) Adequate protection payment amount (ii). Post confirmation payments. Post-confirmation payments to creditors holding claims secured by personal property shall be paid as set forth in subparagraphs (a) and (b). If Debtor elects to propose a different method of payment, such provision is set forth in subparagraph (c). (a). Claims to Which § 506 Valuation is NOT Applicable. Claims listed in this subsection consist of debts secured by a purchase money security interest in a vehicle for which the debt was incurred within 910 days of filing the bankruptcy petition, or, if the collateral for the debt is any other t
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