Chapter 13 Plan (Mandatory) {CSD 1300} | Pdf Fpdf Docx | California

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Chapter 13 Plan (Mandatory) {CSD 1300} | Pdf Fpdf Docx | California

Chapter 13 Plan (Mandatory) {CSD 1300}

This is a California form that can be used for General within Federal, USBC Southern.

Alternate TextLast updated: 1/13/2020

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CSD 1300 (12/01/17) Chapter 13 Plan page 1 CSD 1300 [ 12 / 0 1 /17 ] United States Bankruptcy Court Southern District of California Debtor(s): Case Number: C heck if this is an amended plan, and list below the s ections of the plan that have been changed. Mandatory Chapter 13 Plan Dated: Part 1: Notices To All Parties in Interest: The court has provided guidelines for use of this form that can be found in CSD 1300A. This plan does not provide for avoidance of a lien which impairs an exemption. This must be sought by separate motion. To Debtors: In some places this form provides you with options. You should carefully consider whether you need to elect among the options. If you do, you should carefully consider which option is appropriate. In the following notice to creditors, you must check each box that applies. 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 have one in this bankruptcy case. 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 in accordance with Southern District of California Local Bankruptcy Rule 3015-5 within 7 days after the filing of the Notice of Meeting of Creditors Held and Concluded. Untimely objections may not be considered. Any such objections must be noticed for hearing at least 28 days after filing the objection. The Court may confirm this plan without further notice if no objection to confirmation is filed. See Bankruptcy Rule 3015(f). In addition, you may need to file a timely proof of claim in order to be paid under any plan. 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 boxes are checked, the provision will be ineffective if set out later in the plan. 1.1 A limit on the amount of a secured claim, set out in 247 3.2, which may result Included Not included in a partial payment or no payment at all to the secured creditor 1. 2 Nonstanda rd provisions, set out in Part 9 Included Not included American LegalNet, Inc. www.FormsWorkFlow.com CSD 1300 ( 12 /01/1 7 ) Debtor(s) Case Numb er CSD 1300 (12/01/17) Chapter 13 Plan page 2 Part 2: Plan Payments and Length of Plan 2.1 Regular payments. Debtor(s) will make regular payments to the trustee as follows: Complete one. $ per month for 36 months (Applicable co mmitment period for below median debtor(s)) $ per month for 60 months (Applicable commitment period for above median debtor(s)) $ per month months (Despite applicable commitment period of 36 months, debtor(s) seek additional time to cure secured or priority arrearage s or to make necessary payments to meet the liquidation test specified in 247 5.2.2.) 2.2 Irregular payments. Debtor(s) will change the payment amount at different time periods as follows: $ per from to Insert additional payments as needed. 2.3 Manner of payments. Regular payments must be made directly to the trustee from future earnings unless the court issues an earnings withholding order. Any other manner of payment must be specified by checking the box below. Other (sp ecify method of payment): . 2.4 Income tax issues. Check all that apply. Debtor(s) will retain any federal or state tax refunds received during the plan term. Debtor(s) will supply the trustee with a copy of each federal and state tax return filed during the plan term within 14 days of filing the return. Debtor(s) will turn over to the trustee all federal and state income tax refunds, other than earned income or child care tax credits, received during the plan term. Debtor(s) will supply the trustee with federal and state tax returns filed during the plan term and will turn over to the trustee a portion of any federal and state income tax refunds received during the plan term as specified below. Debtor(s) must not change their withholding exemptions during the plan term unless there is an appropriate change in circumstances and will timely pay all post-confirmation tax liabilities directly to the appropriate taxing authority as they become due. American LegalNet, Inc. www.FormsWorkFlow.com CSD 1300 ( 12 /01/1 7 ) Debtor(s) Case Numb er CSD 1300 (12/01/17) Chapter 13 Plan page 3 2.5 Additional payments. Check one. If neither box is checked, 223None224 applies. None. If 223None224 is checked, the rest of 247 2.5 need not be completed or reproduced. 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. 2.6 The total amount of estimated payments to the trustee provided for in 247247 2.1 through 2.5 is $ . Part 3: Treatment of Secured Claims 3.1 Maintenance of payments and cure of any default. Check one. If neither box is checked, 223None224 applies. None. If 223None224 is checked, the rest of 247 3.1 need not be completed or reproduced. The debtor(s) will maintain the contractual installment payments on the claims listed bel ow, with any changes required by the applicable contract, and cure any default in payments on the secured claims listed below. The allowed claim for any arrearage amount will be paid under the plan, with interest, if any, at the rate stated. Unless otherwise ordered by the court, the amounts listed on a proof of claim or amended proof of claim filed before the filing deadline under Bankruptcy Rule 3002(c) control over any contrary amounts listed below. A tardily filed proof of claim will be disallowed unless it is estimated below or unless the debtor(s) brings a motion to allow the claim. If relief from the automatic stay is ordered as to any item of collateral listed in this paragraph, then, unless otherwise ordered by the court, all payments under this paragraph as to that collateral will cease and all secured claims based on that collateral will no longer be treated by the plan. The final column includes only payments disbursed by the trustee rather than by the debtor. Insert additional claims as needed. Name of creditor with last 4 digits of account number Collateral Amount of arrearage Interest rate on arrearage (if applicable) Monthly plan payment on arrearage Estimated total payments by trustee $ % $ $ $ % $ $ $ % $ $ American LegalNet, Inc. www.FormsWorkFlow.com CSD 1300 ( 12 /01/1 7 ) Debtor(s) Case Numb er CSD 1300 (12/01/17) Chapter 13 Plan page 4 3.2 Request for valuation of security and claim modification. To determine the proper valuation of real estate secured claims, the debtor(s) must timely file a motion in accordance with Local Bankruptcy Rule 3015-8 in addition to including the creditor in this section of the plan. No such motion is necessary for valuation determinations for personal property secured claims. The portion of any allowed claim that exceeds the amount of the secured claim will be treated as an unsecured claim under Part 5 of this plan unless the claim is entitled to priority status, in which case it will be provided in Part 4. If the amount of a creditor222s secured claim is listed below as having no value, the creditor222s allowed claim will be treated in its entirety as an unsecured claim under Part 5 of this plan. Unless otherwise ordered by the court, the amount of the creditor222s total claim listed on the proof of claim controls over any contrary amounts listed in this paragraph. The holder of any claim listed below as having value in the column headed Amount of secured claim will retain the lien until the earlier of the following events as applicable to the particular secured creditor: 1) payment of the underlying debt determined under nonbankruptcy law; 2) discharge under 11 U.S.C. 247 1328, or 3) completion of payments under the plan if the debtors(s) are not entitled to a discharge. After the date applicable to termination of the lien, it will be released by the creditor unless the claim is a nondischargeable claim owed to a governmental entity.

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