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Chapter 13 Plan - Georgia
| Chapter 13 Plan Form. This is a Georgia form and can be used in General Northern District Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA _______________ DIVISION IN RE ) ) ) ) ) Case No:___________ Chapter 13 Debtor CHAPTER 13 PLAN Extension ( ) Composition ( ) 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. 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 ___________ to Trustee by [ ] Payroll Deduction(s) or by [ ] Direct Payment(s) for the applicable commitment 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 preconfirmation plan payment shall be reduced by any pre-confirmation 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. Claims Generally. The amounts listed for claims in this Plan are based upon Debtor's best estimate and belief. An allowed proof of claim will be controlling, unless the Court orders otherwise. Objections to claims may be filed before or after confirmation. 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. 1 American LegalNet, Inc. www.FormsWorkflow.com (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. Debtor and Debtor's attorney have agreed to a base attorney fee in the amount of $________________ for the services identified in the Rule 2016(b) disclosure statement filed in this case. The amount of $__________ was paid prior to the filing of the case. The balance of the fee shall be disbursed by Trustee as follows: (1) Upon the first disbursement following confirmation of a Plan, the Trustee shall disburse to Debtor's attorney from the proceeds available and paid into the office of the Trustee by Debtor or on Debtor's behalf, up to $____ after the payment of adequate protection payments and administrative fees. The remaining balance of the fees shall be paid up to $______ per month until the fees are paid in full; (2) If the case is dismissed or converted prior to confirmation of the plan, the Trustee shall pay fees to Debtor's attorney from the proceeds available and paid into the office of the Trustee by Debtor or on Debtor's behalf, all funds remaining, not to exceed $__________, after payment of any unpaid filing fees, Trustee's fees and expenses, and adequate protection payments, if applicable. [INDICATE HERE HOW ADDITIONAL, NON-BASE FEES ARE TO BE PAID] 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. 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. 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 sub
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