Chapter 13 Plan {NYEB Ch13P}

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------X IN RE: CHAPTER CASE NO.: DEBTOR(S). --------------------------------------------------------X CHAPTER 13 PLAN Check this box if this is an amended plan. List below the sections of the plan which have beenchanged: PART 1: NOTICES To Debtors: This form sets out options that may be appropriate in some cases, but the presence of an option on the form does not indicate that the option is appropriate in your circumstance or that it is permissible in your judicial district. Plans that do not comply with the local rules for the Eastern District of New York may not be confirmable. If you do not have an attorney, you may wish to consult one. To Creditors: Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated. You should read this plan carefully and discuss it with your attorney. If you do not have an attorney, you may wish to consult one. If you oppose the plan222s treatment of your claim or any provision of this plan, you or your attorney must file an objection to confirmation at least 7 days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy Court. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed. See Bankruptcy Rule 3015. In addition, you may need to file a timely proof of claim in order to be paid under any plan. 1.1: The following matters may be of particular importance. Debtors must check one box on each line to state whether or not the plan includes each of the following items. If an item is checked as 223Not Included224 or if both or neither boxes are checked, the provision will be ineffective if set out later in the plan. 1.2: The following matters are for informational purposes. a. A limit on the amount of a secured claim, set out in Section 3.4, which may result in a partial payment or no payment at all to the secured creditor Included Not included b. Avoidance of a judicial lien or nonpossessory, non-purchase-money security interest, set out in Section 3.6 Included Not included c. Nonstandard provisions, set out in Part 9 Included Not Included a. The debtor(s) is seeking to modify a mortgage secured by the debtor(s)222s principal residence, set out in Section 3.3 Included Not included b. Unsecured Creditors, set out in Part 5, will receive 100% distribution of their timely filed claim Included Not included American LegalNet, Inc. www.FormsWorkFlow.com PART 2: PLAN PAYMENTS AND LENGTH OF PLAN 2.1: The post-petition earnings of the debtor(s) are submitted to the supervision and control of the Trustee and the Debtor(s) shall pay to the Trustee for a period of months as follows: $ per month commencing through and including for a period of months; and $ per month commencing through and including for a period of months. Insert additional lines if needed. 2.2: Income tax refunds. If general unsecured creditors are paid less than 100%, in addition to the regular monthly payments, during the pendency of this case, the Debtor(s) will provide the Trustee with signed copies of filed federal and state tax returns for each year commencing with the tax year , no later than April 15th of the year following the tax period. Indicated tax refunds are to be paid to the Trustee upon receipt, however, no later than June 15th of the year in which the tax returns are filed. 2.3: Additional payments. Check one. None. If 223None224 is checked, the rest of 2472.3 need not be completed. Debtor(s) will make additional payment(s) to the Trustee from other sources, as specified below. Describe the source, estimated amount, and date of each anticipated payment. PART 3: TREATMENT OF SECURED CLAIMS 3.1: Maintenance of payments (including the debtor(s)222s principal residence). Check one. None. If 223None224 is checked, the rest of 2473.1 need not be completed. Debtor(s) will maintain the current contractual installment payments on the secured claims listed below, with any changes required by the applicable contract and noticed in conformity with any applicable rules. These payments will be disbursed directly by the debtor(s). Name of Creditor Last 4 Digits of Account Number Principal Residence (check box) Description of Collateral Current Installment Payment (including escrow) Insert additional lines if necessary. American LegalNet, Inc. www.FormsWorkFlow.com 3.2: Cure of default (including the debtor(s)222s principal residence). Check one. None. If 223None224 is checked, the rest of 2473.2 need not be completed. Any existing arrearage on a listed claim will be paid in full through disbursements by the trustee, with interest, if any, at the rate stated below. Unless otherwise ordered by the court, the amounts listed on a proof of claim filed before the filing deadline under Bankruptcy Rule 3002(c) control over any contrary amounts listed below. In the absence of a contrary timely filed proof of claim, the amounts listed below are controlling. Name of Creditor Last 4 Digits of Acct No. Principal Residence (check box) Description of Collateral Amount of Arrearage Interest Rate (if any) Insert additional lines if necessary. 3.3: Modification of a mortgage secured by the debtor(s)222s principal residence. Check one. The debtor(s) is not seeking to modify a mortgage secured by the debtor222s principal residence. The debtor(s) is seeking to modify a mortgage secured by the debtor(s)222s principal residence. Complete paragraph below. If applicable, the debtor(s) will be requesting loss mitigation pursuant to General Order #582. The mortgage due to (creditor name) on the property known as under account number ending (last four digits of account number) is in default. All arrears, including all past due payments, late charges, escrow deficiency, legal fees and other expenses due to the mortgagee totaling $, may be capitalized pursuant to a loan modification. The new principal balance, including capitalized arrears will be $, and will be paid at % interest amortized over years with an estimated monthly payment of $ including interest and escrow of $. The estimated monthly payment shall be paid directly to the trustee while loss mitigation is pending and until such time as the debtor(s) has commenced payment under a trial loan modification. Contemporaneous with the commencement of a trial loan modification, the debtor(s) will amend the Chapter 13 Plan and Schedule J to reflect the terms of the trial agreement, including the direct payment to the secured creditor going forward by the debtor(s). American LegalNet, Inc. www.FormsWorkFlow.com 3.4: Request for valuation of security, payment of fully secured claims, and modification of under-secured claims. Check one. None. If 223None224 is checked, the rest of 2473.4 need not be completed. The remainder of this paragraph is only effective if the applicable box in Part 1 of this plan is checked. The debtor(s) shall file a motion to determine the value of the secured claims listed below. Such claim shall be paid pursuant to order of the court upon determination of such motion. Name of Creditor Last 4 Digits of Acct No. Description of Collateral Value of Collateral Total Amount of Claim Esti mated Amount of Creditor222s Secured Claim Estimated Amount of Creditor222s Unsecured Claim Insert additional claims as needed. 3.5: Secured claims on personal property excluded from 11 U.S.C. 247506. Check one. None. If 223None224 is checked, the rest of 2473.5 need not be completed. The claims listed below were either: o Incurred within 910 days before the petition date and secured by a purchase money security interest in a motor vehicle acquired for the personal use of the debtor(s); or o incurred within 1 year of the petition date and secured by a purchase money security interest in any other thing of value. These claims will be paid pursuant to 2473.1 and/or 2473.2. (The claims must be referenced in those sections as well.) Unless otherwise ordered by the court, the claim amount stated on a proof of claim filed before the filing deadline under Bankruptcy Rule 3002(c) controls over any contr