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Chapter 13 Plan Including Valuation Of Collateral And Classification Of Claims LBF 3015-1.1 - Colorado
|Chapter 13 Plan Including Valuation Of Collateral And Classification Of Claims Form. This is a Colorado form and can be used in Bankruptcy Court Federal .||
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LOCAL BANKRUPTCY FORM 3015-1.1[NEW VERSION 2-1-13] [Caption as in Bankruptcy Official Form No. 16A] UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO In re: ) ) ) ) Case No. ____________________ Chapter 13 Debtor(s) CHAPTER 13 PLAN INCLUDING VALUATION OF COLLATERAL AND CLASSIFICATION OF CLAIMS CHAPTER 13 PLAN: This chapter 13 plan dated supersedes all previously filed plans. NOTICE TO CREDITORS: THIS PLAN MAY MODIFY YOUR RIGHTS. If you oppose any provision of the plan you must file an objection with the bankruptcy court by the deadline fixed by the court. (Applicable deadlines given by separate notice.) If you do not file a timely objection, you will be deemed to have accepted the terms of the plan, which may be confirmed without further notice or hearing. MOTIONS FOR VALUATION OF COLLATERAL AND DETERMINATION OF SECURED STATUS UNDER 11 U.S.C. § 506: (Check any applicable box(es)): This plan contains a motion for valuation of personal property collateral and determination of secured status under 11 U.S.C. § 506. The debtor is requesting a valuation of real property collateral and determination of secured status under 11 U.S.C. § 506 by separate motion. List status of motion here (i.e.. date filed, date granted, to be filed contemporaneously, etc.) _______________________________________________________ SECURED CLAIMS SUBJECT TO VALUATION OF COLLATERAL AND DETERMINATION OF SECURED STATUS UNDER 11 U.S.C. § 506 (additional detail must be provided at Part IV of the plan): Name of Creditor Description of Collateral (pursuant to L.B.R. 3012-1) I. BACKGROUND INFORMATION A. Prior bankruptcies pending within one year of the petition date for this case: Discharge or Dismissal/Conversion Date Case Number & Chapter B. The debtor(s): [ ] is eligible for a discharge; or [ ] is not eligible for a discharge and is not seeking a discharge. Prior states of domicile: within 730 days _____________________________ within 910 days ______________________________ C. The debtor is claiming exemptions available in the [ ] state of ____________________ or [ ] federal exemptions. American LegalNet, Inc. www.FormsWorkFlow.com D. The debtor owes or anticipates owing a Domestic Support Obligation as defined in 11 U.S.C. § 101(14A). Notice shall be provided to these parties in interest: 1. 2. 3. Spouse/Parent_________________________________________________ Government _____________________________________________________ Assignee or other_________________________________________________ The debtor [ ] has provided the Trustee with the address and phone number of the Domestic Support Obligation recipient or [ ] cannot provide the address or phone number because it/they is/are not available. E. The current monthly income of the debtor, as reported on Interim Form B22C is [ ] below, [ ] equal to, or [ ] above the applicable median income. II. PLAN ANALYSIS A. Total Debt Provided for under the Plan and Administrative Expenses 1. Total Priority Claims (Class One) a. Unpaid attorney's fees $_______________ (Total attorney's fees are estimated to be $______ of which $________ has been prepaid.) b. Unpaid attorney's costs (estimated) $_______________ c. Total Taxes $_______________ (Federal $____________; State $____________;Other $____________) Total of payments to cure defaults (Class Two) $_______________ Total payment on secured claims (Class Three) $_______________ Total of payments on unsecured claims (Class Four) $_______________ Sub-total $_______________ Total trustee's compensation (10% of debtor's payments) $_______________ Total debt and administrative expenses $_______________ 2. 3. 4. 5. 6. 7. B. Reconciliation with Chapter 7 THE NET PROPERTY VALUES SET FORTH BELOW ARE LIQUIDATION VALUES RATHER THAN REPLACEMENT VALUES. THE REPLACEMENT VALUES MAY APPEAR IN CLASS THREE OF THE PLAN. 1. Assets available to Class Four unsecured creditors if Chapter 7 filed: a. Value of debtor's interest in non-exempt property $_______________ Value Less costs of sale Less Liens X Debtor's Interest Less Exemptions = Net Value Property b. c. d. e. Plus: value of property recoverable under avoiding powers: $______________ Less: estimated Chapter 7 administrative expenses: $_______________ Less: amounts payable to priority creditors other than costs of administration: $_______________ Equals: estimated amount payable to Class Four creditors if Chapter 7 filed (if negative, enter zero) $_______________ 2. Estimated payment to Class Four unsecured creditors under the Chapter 13 Plan plus any funds recovered from "other property" described in Section III.A.3 below. _____________ III. PROPERTIES AND FUTURE EARNINGS SUBJECT TO THE SUPERVISION AND CONTROL OF THE TRUSTEE A. The debtor submits to the supervision and control of the Trustee all or such portion of the debtor's future earnings or other future income as is necessary for the execution of the Plan, including: American LegalNet, Inc. www.FormsWorkFlow.com 1. Future earnings of $_________________ per month which shall be paid to the trustee for a period of approximately ______________ months, beginning________________, 20__, and $________ for ________ months. 2. Amounts for the payment of Class Five post-petition claims included in above $_______ 3. Other property (specify): _______________________________________________ AT THE TIME THE FINAL PLAN PAYMENT IS SUBMITTED TO THE TRUSTEE, THE DEBTOR SHALL FILE WITH THE COURT THE CERTIFICATION REGARDING DOMESTIC SUPPORT OBLIGATIONS REQUIRED BY 11 U.S.C. § 1328(a) AND, IF NOT ALREADY FILED, INTERIM FORM B23 REGARDING COMPLETION OF FINANCIAL MANAGEMENT INSTRUCTION REQUIRED BY 11 U.S.C. § 1328(g)(1). B. The debtor agrees to make payments under the Plan as follows: ___VOLUNTARY WAGE ASSIGNMENT TO EMPLOYER: Employer's Name, address, telephone number: ___________________________________________ ___________________________________________ ___________________________________________ (____) _____________________________________ OR ___ DIRECT PAYMENT from debtor to Trustee: Paid in the following manner: $_______________to be deducted _________________ (weekly, monthly, per pay period, etc. ) IV. CLASSIFICATION AND TREATMENT OF CLAIMS CREDITOR RIGHTS MAY BE AFFECTED. A WRITTEN OBJECTION MUST BE FILED IN ORDER TO CONTEST THE TERMS OF THIS PLAN. CREDITORS OTHER THAN THOSE IN CLASS TWO A AND CLASS THREE MUST FILE TIMELY PROOFS OF CLAIM IN ORDER TO RECEIVE THE APPLICABLE PAYMENTS. A. Class One Claims entitled to priority under 11 U.S.C. § 507.