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Chapter 13 Plan - North Carolina
| Chapter 13 Plan Form. This is a North Carolina form and can be used in USBC Eastern Federal . |
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REV. 03/13 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA DIVISION IN RE: CASE NO: Debtor (in a joint case, "debtor" shall include "debtors") CHAPTER 13 PLAN The format of this chapter 13 plan has been approved by the bankruptcy judges for the Eastern District of North Carolina. CONFIRMATION PROCESS: Before a plan is confirmed, the chapter 13 trustee will file a separate Motion and Notice for Confirmation that will be served on all creditors. The trustee's Motion and Notice for Confirmation may incorporate some or all of the terms of the debtor's proposed plan, and will state the date by which objections to confirmation must be filed with the court. Any objections to confirmation must state with particularity the grounds for the objection. The rights of creditors may be affected if the plan is confirmed, and creditors should carefully read the plan. PROOF OF CLAIM: A creditor's claim will not be allowed or paid unless a proof of claim is filed by or on behalf of the creditor. Only allowed claims will receive a distribution from the chapter 13 trustee. Confirmation of a plan does not preclude the debtor, trustee or a party in interest from filing an objection to a claim. PRE-CONFIRMATION ADEQUATE PROTECTION PAYMENTS: Pre-confirmation adequate payments required by 11 U.S.C. § 1326(a)(1) that are to be made through the chapter 13 trustee pursuant to Local Rule 3070-1(b) shall be disbursed by the trustee in accordance with the trustee's customary distribution process. A creditor will not receive a pre-confirmation adequate protection payment unless the creditor timely files a proof of claim. INFORMATION ABOUT THE DEBTOR: The debtor's Current Monthly Income as defined in 11 U.S.C. § 101(10A) is ABOVE /BELOW (designate one) the applicable state median income. The debtor's projected disposable income as referred to in 11 U.S.C. § 1325(b)(1)(B) is .______________________________________ $ American LegalNet, Inc. www.FormsWorkFlow.com The amount referred to in 11 U.S.C. § 1325(a)(4) that would be paid to unsecured claims if the debtor's estate were liquidated in a case under chapter 7 of title 11 is $ . The "liquidation test" has been computed as follows: Asset (Real Property, Auto, Other) Liquidation Value Net of Security Interest PLAN TERMS PROPOSED BY DEBTOR 1. PAYMENTS AND LENGTH OF PLAN The debtor shall make payments to the trustee in the aggregate amount of $ , which shall be payable as follows (state amount of monthly payment and the number of months to be paid): . 2. PAYMENT OF DEBTOR'S BASE ATTORNEY'S FEES The balance of the debtor's attorney's base fee to be paid through the plan is $_______________________ (representing a base fee of $____________________ less the amount of $_____________________ which has already been paid). 3. PAYMENT OF SECURED CLAIMS (PAID THROUGH THE PLAN) The secured claims to be paid through the plan are listed in the chart at the end of this paragraph. The allowed amounts of the secured claims will be limited to the amounts stated in the column "Amount of Secured Claim to be Paid," which will be paid with interest at the rate shown in the chart. Distributions will be made by the trustee to the holders of secured claims over the duration of the plan as stated in Paragraph 1., and shall be subject to the disbursements for attorney's fees as set forth in Local Rule 2016-1. Unless otherwise ordered by the court, the amount of a creditor's claim in excess of the allowed amount of the secured claim shall be a general unsecured claim. American LegalNet, Inc. www.FormsWorkFlow.com Creditor Collateral Description 910 / 365 Claim under § 1325(a) ? Y/N Amount of Claim Collateral Value Amount of Secured Claim to be Paid Int. Rate If Entitled to §1326 PMSI Adeq. Prot. Pymt. Specify Amt. of Pymt. Est. Mo. Pymt. 4. PROPERTY TO BE SURRENDERED TO SECURED CREDITORS The Debtor Will Surrender The Collateral Listed In The Chart At The End Of This Paragraph. Upon confirmation of the plan, the automatic stay and, if applicable, the codebtor stay, will terminate with respect to the surrendered collateral. No claim for a deficiency will be allowed unless it is filed within 180 days after confirmation of the plan, and no distribution will be made to an affected secured creditor unless the secured creditor has given the debtor credit and reduced its claim to account for the surrendered collateral. Creditor Collateral Description 5. CURING DEFAULTS Pursuant to 11 U.S.C. § 1322(b)(3) and/or (5), the pre-petition defaults listed in the chart at the end of this paragraph will be cured through the plan in full with interest, if any, at the rate specified in the chart. The amount of the arrearage in the chart is an estimation and the amount of the arrearage, unless otherwise ordered by the court, shall be determined by the amount stated in the creditor's proof of claim. After the arrearage, as stated in the proof of claim or as otherwise determined by the court, has been paid through the plan, all pre-petition defaults shall be deemed to be cured, the debtor's obligation shall be deemed to be current as of the date of the petition, the secured creditor shall have no right to recover any amount alleged to have arisen prior to the filing of the petition, and the secured creditor may not declare a default of the note, mortgage or other loan document based upon a pre-petition default. Creditor Collateral Description Estimated Amount of Arrearage Interest to be Paid on Arrearage (0% if none specified) American LegalNet, Inc. www.FormsWorkFlow.com 6. SECURED CLAIMS TO BE PAID DIRECTLY TO CREDITORS BY DEBTOR The following secured claims shall be paid by the debtor directly to the secured creditors according to the contractual terms of the secured claims: Creditor Collateral Description 7. PRE-PETITION DOMESTIC SUPPORT OBLIGATIONS The following arrearage claims for pre-petition domestic support obligations as defined in 11 U.S.C. § 101(14A) shall be paid in full through this plan pursuant to 11 U.S.C. § 507(a)(1) unless the domestic support obligation claimant agrees to a different treatment or the court orders otherwise: Creditor Collection Agency Amount of Arrearage The debtor shall directly pay all ongoing domestic support obligations that become due after the filing of the petition. 8. PRIORITY CLAIMS (EXCLUDING DOMESTIC SUPPORT OBLIGATIONS) The following claims that are entitled to priority pursuant to 11 U.S.C. § 507 shall be paid in full through this plan
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