Chapter 13 Plan {3015.1}

E.D. Tenn. Bankr. Form Plan 12/17 Page 1 of 6 [Local Form 3015.1] IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE In re Enter Name of Debtor 1Debtor 1 (Ifspouseisfiling:)Enter Name of Debtor 2Debtor 2 Case No.Enter Number Chapter 13 Check if applicable: Preconfirmation Amended Plan Postconfirmation Modified Plan CHAPTER 13 PLAN Part 1: Notices The use of this chapter 13 plan form is mandatory for chapter 13 cases filed in the Eastern District of Tennessee. To Debtor(s): Bankruptcy law is complex; you are urged to consult an attorney. 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 circumstances. Plans that do not comply with local rules and judicial rulings may not be confirmable. To Creditors: Bankruptcy law is complex; you are urged to consult an attorney. Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated. If you oppose this plan, you or your attorney must file an objection with the clerk of court before the scheduled time of the 11 U.S.C. 247 341(a) meeting of creditors, or the objection must be lodged with the chapter 13 trustee at the meeting unless otherwise ordered by the court. See E.D. Tenn. LBR 3015-3(a) or E.D. Tenn. LBR 3015-2(a)(5) and (b), as applicable. If no objection to confirmation is filed, the Bankruptcy Court may confirm this plan without further notice. See Federal Rule of Bankruptcy Procedure 3015. Regardless of plan treatment, creditors will need to file a proof of claim before any claim can be paid under the plan. See Federal Rule of Bankruptcy Procedure 3002. Further, nothing in this plan precludes or otherwise limits the filing of an objection or complaint, as appropriate, contesting the allowance of such claim or the validity of any lien or right of setoff or seeking to avoid any lien under any applicable section of the Bankruptcy Code. This plan: (Debtor(s) must complete the following by checking one box on each line.) 1.1 Limits the amount of a secured claim, which may result in a partial payment or no payment at all to the secured creditor. [See plan provision in Section 3.2.] YesNo 1.2 Avoids a judicial lien or security interest. [See plan provision in Section 3.4.] Yes No 1.3 Contains a Nonstandard Plan Provision. [See plan provision in Section 8.1.] Yes No Part 2: Plan Payments and Length of Plan 2.1 Debtor(s) will make regular payments to the trustee as follows: Debtor 1 $ Enter Amount weekly, biweekly, semi-monthly, or monthly for Enter Number months by payroll deduction or direct payment to the trustee (and, complete if applicable) American LegalNet, Inc. www.FormsWorkFlow.com E.D. Tenn. Bankr. Form Plan 12/17 Page 2 of 6 Debtor 2 $ Enter Amount weekly, biweekly, semi-monthly, or monthly for Enter Number months by payroll deduction or direct payment to the trustee. Future payment changes (Complete if applicable.) Select Debtor Beginning Select Date, plan payments will change to: $ Enter Amount weekly, biweekly, semi-monthly, or monthly for Enter Number months by payroll deduction or direct payment to the trustee. 2.2 Federal Income Tax Refunds In addition to the payments in Section 2.1, the debtor(s) will pay to the trustee federal income tax refunds as follows: none, all, or Enter Amount or Description. If tax refunds are being paid to the trustee, the debtor(s) will furnish to the trustee a copy of each federal income tax return filed by the debtor(s) during the pendency of the case and every request for extension of time to file a return, within 14 days of the filing of the return or the mailing of the request. In order to expedite the trustee222s receipt of the refunds, the trustee may request that the court enter a tax intercept order so that the IRS will send the tax refunds directly to the trustee. If an amount other than 223all224 is to be paid into the plan, the trustee will refund the balance to the debtor(s) within 60 days of receipt, if the debtor(s) are current in the plan payments under Section 2.1 and if the debtor(s) have provided a copy of their tax return to the trustee. Otherwise, the trustee may apply the balance due to the debtor(s) to cure any arrearage. If the trustee is unable to determine the amount due to the debtor(s) because the debtor(s) have not provided to the trustee a copy of the federal tax return within 60 days of the trustee222s receipt of a tax refund, then the debtor(s) are deemed to have forfeited the amount due to them, and the trustee may disburse this amount to creditors as an additional tax refund contributed to the plan. 2.3 Additional Payments (Complete if applicable.) The debtor(s) will make the following additional payments to the trustee: (Describe the source, estimated amount, and estimated date of payment.) Enter Information Part 3: Treatment of Secured Claims 3.1 Maintenance of Payments and Cure of Default, If Any (Complete if applicable.) Installment payments on the secured claims listed in this section, which will extend beyond the life of the plan, will be maintained during the plan, with payments disbursed by the trustee unless 223Yes224 is listed under 223Direct Pay by Debtor(s)?224 The holders of the secured claims will retain their liens following the completion of payments under the plan, and any unpaid balance of the claims is not subject to discharge. 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. Any postpetition installment payment changes and fees, expenses, and charges noticed in conformity with Federal Rule of Bankruptcy Procedure 3002.1 will be paid without plan modification by the party designated below to make the installment payment unless otherwise ordered by the court. The installment payment and amount of arrearage stated in an allowed claim, proof of which is filed, control over any contrary amounts listed below. If relief from the automatic stay is ordered as to any collateral described below, all payments under this section to creditors secured solely by that collateral will cease unless otherwise ordered by the court. Name of Collateral Principal Installment Direct Pay Amount of Int. Rate on Arrearage Creditor Description Residence? Payment by Debtor(s)? Arrearage Arrearage Payment Enter Information American LegalNet, Inc. www.FormsWorkFlow.com E.D. Tenn. Bankr. Form Plan 12/17 Page 3 of 6 3.2 Request for Valuation of Security, Payment of Fully Secured Claims, and Modification of Undersecured Claims (Complete if applicable and check 223Yes224 in Section 1.1. The following provisions will be effective only if there is a check in the 223Yes224 box in Section 1.1.) For each creditor listed in this section, the 223Secured Amount224 was calculated by valuing the creditor222s collateral and subtracting superior liens. For nongovernmental creditors, the debtor(s) request that the Secured Amount be the determinative amount of the creditor222s secured claim under Federal Rule of Bankruptcy Procedure 3012 and 11 U.S.C. 247 506(a). For governmental creditors, the listed Secured Amount is an estimate with no binding effect; rather, the amount of the governmental creditor222s secured claim under Federal Rule of Bankruptcy Procedure 3012 and 11 U.S.C. 247 506(a) will be determined by the amount the creditor states in response to Question No. 9 on its proof of claim for 223Amount of the claim that is secured224 unless otherwise ordered by the court under Federal Rule of Bankruptcy Procedure 3012(c). If the Secured Amount is greater than the creditor222s total claim, the total allowed claim will be paid in full with interest at the rate stated below. If the Secured Amount is less than the creditor222s total claim, only the allowed Secured Amount will be paid in full with interest at the rate stated below. Any portion of the creditor222s total allowed claim that exceeds the Secured Amount will be treated as an unsecured claim under Section 5.1 of this plan. If the Secured Amount is listed as 223Zero224 or 223None,224 the creditor222s allowed claim will be treated