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Model Chapter 13 Plan - Wisconsin
| Model Chapter 13 Plan Form. This is a Wisconsin form and can be used in USBC Eastern Federal . |
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United States Bankruptcy Court Eastern District of Wisconsin In re Debtor(s) Case No. Chapter CHAPTER 13 PLAN NOTICES NOTICE TO DEBTORS: This plan is the model plan as it appears in the Appendix to the Local Rules of the Bankruptcy Court for the Eastern District of Wisconsin on the date this plan is filed. THIS FORM PLAN MAY NOT BE ALTERED IN ANY WAY OTHER THAN WITH THE SPECIAL PROVISIONS IN SECTION 10. A check in this box indicates that the plan contains special provisions set out in Section 10 below. NOTICE TO CREDITORS: YOUR RIGHTS WILL BE AFFECTED BY THIS PLAN. You should read this Plan carefully and discuss it with your attorney. If you oppose any provision of this plan you must file a written objection. The time to file an objection will be in a separate notice. Confirmation of this Plan by the Court may modify your rights. You may receive less than the full amount of your claim and/or a lesser interest rate on your claim. You must file a proof of claim in order to be paid under this Plan. Payments distributed by the Trustee are subject to the availability of funds. THE PLAN Debtor or Debtors (hereinafter "Debtor") propose this Chapter 13 Plan: 1. Submission of Income. Debtor's annual income is above the median for the State of Wisconsin. Debtor's annual income is below the median for the State of Wisconsin. (A). Debtor submits all or such portion of future earnings or other future income to the Chapter 13 Trustee (hereinafter "Trustee") as is necessary for the execution of this Plan. (B). Tax Refunds (Check One): Debtor is required to turn over to the Trustee 50% of all net federal and state income tax refunds received during the term of the plan. Debtor will retain any net federal and state tax refunds received during the term of the plan. 2. Plan Payments and Length of Plan. Debtor shall pay the total amount of $ by paying $ per (check one) month week every two weeks semi-monthly to Trustee by Periodic Payroll Deduction(s) from (check one) Debtor Joint Debtor or by Direct Payment(s) for the period of months. The duration of the plan may be less if all allowed claims in every class, other than long-term claims, are paid in full. If checked, plan payment adjusts as indicated in the special provisions located at Section 10 below. 1 American LegalNet, Inc. www.FormsWorkFlow.com 3. Claims Generally. The amounts listed for claims in this Plan are based upon Debtor's best estimate and belief. Creditors may file a proof of claim in a different amount. Objections to claims may be filed before or after confirmation. The following applies in this Plan: CHECK A BOX FOR EACH CATEGORY TO INDICATE WHETHER THE PLAN OR THE PROOF OF CLAIM CONTROLS: Plan Controls A. B. C. D. Amount of Debt Amount of Arrearage Replacement Value - Collateral Interest Rate - Secured Claims Proof of Claim Controls FAILURE TO CHECK A BOX UNDER A CATEGORY IN THIS SECTION WILL MEAN THAT A PROPERLY FILED PROOF OF CLAIM WILL CONTROL FOR THE CORRESPONDING SUB-PARAGRAPH OF THE PLAN. 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, not to exceed 10% of funds received for distribution. (B). Debtor's Attorney's Fees. The total attorney fee as of the date of filing the petition is $ . The amount of $ was paid prior to the filing of the case. The balance of $ will be paid through the plan. Pursuant to 507(a)(2) and 1326(b)(1), any tax refund submission received by the trustee will first be used to pay any balance of Debtor's Attorney's Fees. Total Administrative Claims: $ 5. Priority Claims. (A). Domestic Support Obligations (DSO). If checked, Debtor does not have any anticipated DSO arrearage claims or DSO arrearage claims assigned, owed or recoverable by a governmental unit. If checked, Debtor has anticipated DSO arrearage claims or DSO arrearage claims assigned, owed or recoverable by a governmental unit. 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). A DSO assigned to a governmental unit might not be paid in full. 11 U.S.C. 507(a)(1)(B) and 1322(a)(2). (a) DSO Creditor Name and Address Totals $ $ (b) Estimated Arrearage Claim $ $ (c) Total Paid Through Plan (B). (a) Creditor Totals: Other Priority Claims (e.g., tax claims). These priority claims will be paid in full through the plan. (b) Estimated claim $ $ Total Priority Claims to be paid through plan: $ 2 American LegalNet, Inc. www.FormsWorkFlow.com 6. Secured Claims. The holder of a secured claim shall retain the lien securing such claim until the earlier of the payment of the underlying debt determined under non-bankruptcy law or discharge under Section 1328. The value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of the claim. (A). Claims Secured by Personal Property. If checked, The Debtor does not have claims secured by personal property which debtor intends to retain. Skip to 6(B). If checked, The Debtor has claims secured by personal property which debtor intends to retain. (i). Adequate protection payments. Creditor must file a proof of claim to receive adequate protection payments. Upon confirmation the treatment of secured claims will be governed by Paragraph (ii) below. The Trustee shall make the following monthly adequate protection payments to creditors pursuant to 1326(a)(1)(C): (a) Creditor (b) Collateral $ (c) Monthly Adequate protection payment amount Total monthly adequate protection payments: $ (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). (a). Secured Claims - Full Payment of Debt Required. If checked, the Debtor has no secured claims which require full payment of the underlying debt. Skip to (b). If checked, the Debtor has secured claims which require full payment of the underlying debt. Claims listed in this subsection consist of debts (1) secured by a purchase money security interest in a vehicle; (2) which debt was incurred within 910 days of filing the bankruptcy petition; and (3) which vehicle is for the personal
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