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Chapter 13 Plan (Motion For 3012 Valuation Valuation Hearing) - Louisiana
| Chapter 13 Plan (Motion For 3012 Valuation Valuation Hearing) Form. This is a Louisiana form and can be used in Middle District Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING] Original plan Amended plan -- Date amended: ________ The debtor's future earnings are submitted to the supervision and control of the trustee, and the debtor shall pay to the trustee all disposable income in the amount of $ _______ monthly for __________ months. [If the plan provides for payment of the full value of all claims (a 100% plan) and the debtor proposes to submit less than all disposable income to the trustee, this provision shall read as follows: A portion of the debtor's future earnings sufficient to fund the following full payment plan is submitted to the supervision and control of the trustee, and the debtor shall pay to the trustee the sum of $__________ monthly for __________ months.] [If applicable - The "cause" for extending the term of the plan beyond the threeyear period provided for in 11 U.S.C. ' 1322(c) is _________________________________.] From the debtor's payments to the trustee, the trustee shall distribute funds as provided in this plan: (1) Trustee Claims The trustee shall be paid $ _______________ as an administrative expense entitled to priority under 11 U.S.C. ' 507(a)(1) (ten percent (10%) of payments under the plan). (2) Priority Claims A. ATTORNEY FEES Fees paid directly by by the Debtor Fees to be paid in plan Attorney=s Name Total Fees Term ( Months) Monthly Installment _________ $_______ $________ $______ _________ $________ 1 American LegalNet, Inc. www.FormsWorkflow.com B. PRIORITY TAX CLAIMS The following claims entitled to priority under 11 U.S.C. ' 507 shall be paid in full* in deferred cash payments unless the holder of a particular claim has agreed to a different treatment of such claim, as indicated below: Annual* Interest Value of Rate (if Term Monthly Name of Creditor Claim applicable) (Months) Installment ________________________ ________________________ $_________ _________ $_________ _________ ________ ________ _________ _________ *[Or if applicable] The plan provides for less than full payment of amounts owed for a claim entitled to priority under 11 U.S.C. '507 pursuant to '1322(a)(4)] C. DOMESTIC SUPPORT OBLIGATIONS (ADSO@) 1. Ongoing DSO claims. a. b. None. If none, skip to subparagraph (3) "Secured Claims" below. The name(s), address(es) and phone number(s), including area code, of the holder of any DSO as defined in 11 U.S.C. §101(14A). Names of minor children must not be disclosed. Identify only as "Minor child #1," "Minor child #2," etc. See 11 U.S.C. §112. Address, city & state Zip code Telephone number Name of DSO claim holder c. of Debtor(s) shall pay all post-petition DSO claims directly to the holder(s) the claim(s), and not through the chapter 13 trustee. 2. Pre-Petition Child Support Arrearages a. b. None. If none, skip to subparagraph (3) "Secured Claims" below. The name, address and phone number (with area code) of the holder of every DSO arrearage claim, amount of arrearage claim and monthly payment. Names of minor children must not be disclosed. Identify only as "Minor child #1," "Minor child #2," etc. See 11 U.S.C. §112. 2 American LegalNet, Inc. www.FormsWorkflow.com Name, address, phone number of DSO claim holder Arrearage Claim Term Monthly Installments $ $ $ c. The trustee shall pay DSO arrearages from the debtor's plan payments. 3. DSO assigned or owed to a governmental unit under 11 U.S.C. §507(a)(1)(B): a. b. to None. If none, skip to subparagraph (3) "Secured Claims" below. The debtor shall make all post-petition payments on DSO claims assigned a governmental unit directly to the assignee of the claim, and not through the trustee. c. The name, address and phone number (with area code) of the holder of every assigned DSO arrearage claim, amount of arrearage claim and monthly payment amount or other special provisions. The debtor must also describe in detail any special provisions for payments of these claims in section 11 of this plan. Name, address, phone number of DSO claim holder Arrearage Claim Monthly Payment Amount $ $ $ (3) Secured Claims A. Principal Residence. (i) Current Payments. Except as otherwise provided in this plan or by court order, and pursuant to 11 U.S.C. ' 1322(b)(2), after the date of the petition and throughout this chapter 13 case, the debtor shall timely make all usual and regular payments required by the debt instruments secured by non-voidable liens on real property (i.e., immovable property) that is the debtor's principal residence, directly to each of the following lien creditors: Security Interest Monthly Description of Property/Collateral Installment * Lien holder * Monthly Installment subject to fluctuations in escrow and interest rate changes 3 American LegalNet, Inc. www.FormsWorkflow.com (If the plan proposes to pay the claim in a manner different from that required by the debt instruments and security agreements, the proposed treatment must be described in detail and if not resolved by consent of all parties, shall be determined at the confirmation hearing.) (ii) Cure of Arrearages. From funds available for distribution, the trustee shall pay arrearages to lien holders identified in plan section 3(A) in monthly installments as set forth in this plan until the allowed arrearage claim of each lien holder has been satisfied. Annual Interest Rate** Lien holder Total Amount of Arrearages* Terms (Months) Monthly Installment ________________________________________________________________________ *[If applicable: "Total includes attorney's fees, costs, late charges of $ _____ and interest rate of ____%" or "Total includes pre-petition principal and interest or principal only."] **[If applicable: "Confirmation of this plan shall constitute the cure of any default to a lien holder on the principal residence under any security agreement notwithstanding that the time for reinstatement has expired under the terms of the security agreement."] B. Surrender of Property. Upon confirmation of this plan, the debtor shall surrender to the following holders of secured claims, in full satisfaction of their secured claims, all of the debtor's rights under the Bankruptcy Code, applicable non-bankruptcy law or this plan to maintain an interest in the property securing their claims: Lien holder Amount of Secured Claim Description of Collateral The debtor's right under the Bankruptcy Code, applicable non-bankruptcy law or this plan to assert an interest in the colla
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