Chapter 13 Plan | Pdf Fpdf Docx | Ohio

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Chapter 13 Plan | Pdf Fpdf Docx | Ohio

Chapter 13 Plan

This is a Ohio form that can be used for USBC Southern within Federal.

Alternate TextLast updated: 11/6/2020

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Page 1 of 13MANDATORY FORM PLAN (Revised 01/22/2018)UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO DIVISION atIn re))))Case No.Chapter 13JudgeDebtor(s)CHAPTER 13 PLAN1.NOTICES Unless otherwise checked below, the Debtor is eligible for a discharge under 247 1328(f). Joint Debtor is not eligible for a discharge. Debtor is not eligible for a discharge. NOTICES TO CREDITORS: You should read this Plan carefully, including Paragraph 13 (Nonstandard Provisions), 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. Except as otherwise specifically provided, upon confirmation, you will be bound by the terms of this Plan. Your claim may be reduced, modified, or eliminated. The Court may confirm this Plan if no timely objection to confirmation is filed.If an item is not checked, the provision will be ineffective if set out later in the Plan. Amended Plan Initial PlanThe filing of this Amended Plan shall supersede any previously filed Plan or Amended Plan and must be served on the Trustee, the United States trustee and all adversely affected parties. If the Amended Plan adversely affects any party, the Amended Plan shall be accompanied by the twenty-one (21) day notice. Rule 2002(a)(9). Any changes (additions or deletions) from the previously filed Plan or Amended Plan must be clearly reflected in bold, italics, strike-through or otherwise in the Amended Plan filed with the Court. LBR 3015-2(a)(1). This Plan contains nonstandard provisions in Paragraph 13. The Debtor proposes to limit the amount of a secured claim based on the value of the collateral securing the claim. See Paragraph(s) 5.1.2 and/or 5.1.4. The Debtor proposes to eliminate or avoid a security interest or lien. See Paragraph(s) 5.4.1 and/or, 5.4.2 and 5.4.3.The Debtor has filed a case under chapter 13 of the Bankruptcy Code. A notice of the case (Official Form 309I) will be sent separately. This is the Mandatory Form Chapter 13 Plan adopted in this District. Local Bankruptcy Rule ("LBR") 3015-1. "Debtor" means either a single debtor or joint debtors as applicable. "Trustee" means Chapter 13 Trustee. Section "247" numbers refer to sections of Title 11 of the United States Bankruptcy Code. "Rule" refers to the Federal Rules of Bankruptcy Procedure.2.PLAN PAYMENT AND LENGTH2.1 Plan Payment. The Debtor shall pay to the Trustee the amount of $per month. [Enter steppayments below, if any.] The Debtor shall commence payments within thirty (30) days of the petition date. 2.1.1 Step Payments, if any: American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 13MANDATORY FORM PLAN (Revised 01/22/2018)2.2 Unsecured Percentage Percentage Plan.Subject to Paragraph 2.3, this Plan will not complete earlier than the payment of % on each allowed nonpriority unsecured claim. Pot Plan.Subject to Paragraph 2.3, the total amount to be paid by the Debtor to the Trustee is $ . Assuming all claims are filed as scheduled or estimated by the Debtor, payment on eachallowed nonpriority unsecured claim is estimated to be no less than %. LBR 3015-1(c)(2).length of the Plan must be sixty (60) months. Above Median Income.Unless the allowed nonpriority unsecured claims are paid 100%, the projectedlength of the plan must be a minimum of thirty-six (36) months but not to exceed sixty (60) months. Below Median Income.Unless the allowed nonpriority unsecured claims are paid 100%, the projected2.3 Means Test Determination3.PRE-CONFIRMATION LEASE PAYMENTS AND/OR ADEQUATE PROTECTION PAYMENTS Pre-confirmation personal property lease payments governed by 247 1326(a)(1)(B) shall be made as part of the total plan payment to the Trustee. LBR 3070-1(a). Pre-confirmation adequate protection payments governed by 247 1326(a)(1)(C) shall be made as part of the total plan payment to the Trustee. LBR 3070-1(b). The lessor/secured creditor must file a proof of claim to receive payment. LBR 3070-1(a) and (b). Name of Lessor/Secured Creditor Property Description Monthly Payment Amount $ 4.SECURED CLAIMS: TREATMENT, TIMING AND SERVICE REQUIREMENTS4.1 Non-Governmental Unit Secured Claims. The Debtor may propose to limit the amount of a secured claim based on the value of the collateral securing the claim by the procedure proposed in Paragraphs 5.1.2 and 5.1.4. Further, the Debtor may propose to eliminate or avoid a security interest or lien by the procedure proposed in Paragraphs 5.4.1, 5.4.2 and 5.4.3. If the Debtor proposes to seek any of the above-stated relief by way of motion or claim objection, the motion or claim objection must be filed on or before the 247 341 meeting of creditors or the confirmation hearing may be delayed. If a judicial lien or nonpossessory, nonpurchase-money security interest is discovered after confirmation of the Plan, a motion to avoid the judicial lien or security interest may be promptly filed after it is discovered. 4.2 Governmental Unit Secured Claims. A request to determine the amount of the secured claim of a governmental unit or to modify and eliminate the secured claim of a governmental unit may be made only by motion or claim objection. Rule 3012(c). Any motion or claim objection that includes a request to determine the amount of the secured claim of a governmental unit (including any such motion or claim objection that also includes a request to determine the amount of the secured claim of a non-governmental entity) may be filed only after the governmental unit files a proof of claim or after the time for filing one has expired. Rule 3012, advisory committee note (2017 Amendments). 4.3 Service Requirements. If the Debtor proposes to seek relief under Paragraphs 5.1.2, 5.1.4, 5.4.1, 5.4.2, or 5.4.3, the motion, Plan or claim objection, as applicable, must be served in the manner provided by Rule 7004 for service of a summons and complaint. Rule 3007(a)(2), Rule 3012(b), Rule 4003(d) and General Order 22-2. 4.4 Retention of Lien. The holder of any claim listed in Paragraphs 5.1.2, 5.1.4 and 5.4.1 will retain its lien on the property interest of the Debtor or the Debtor's estate until the earlier of --(a) payment of the underlying debt determined under nonbankruptcy law, (b) discharge of the underlying debt under 11 U.S.C. 247 1328, or (c) completion of the Plan --at which time the lien will terminate and be released by the creditor American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 13MANDATORY FORM PLAN (Revised 01/22/2018)5.PAYMENTS TO CREDITORSSUMMARY OF PAYMENTS BY CLASS Class Definition Payment/Distribution by Trustee Class 1 Claims with Designated Specific Monthly Payments Paid first in the monthly payment amount designated in the Plan Class 2 Secured Claims with No Designated Specific Monthly Payments and Domestic Support Obligations (Arrearages) Paid second and pro rata with other Class 2 claims Class 3 Priority Claims Paid third and pro rata with other Class 3 claims Class 4 Nonpriority Unsecured Claims Paid fourth and pro rata with other Class 4 claims Class 5 Claims Paid by a Non-Filing Co- Debtor or Third Party Not applicable Class 6 Claims Paid by the Debtor Not applicableExcept as provided in Paragraph 3, the Trustee shall begin making distributions upon confirmation. To the extent funds are available, the maximum number of Classes may receive distributions concurrently. Notwithstanding the above, the Trustee is authorized within the Trustee222s discretion to calculate the amount and timing of distributions as is administratively efficient. 5.1 CLASS 1 - CLAIMS WITH DESIGNATED SPECIFIC MONTHLY PAYMENTS The following Class 1 claims shall be paid first in the monthly payment amount designated below. The plan payment is calculated in an amount that is sufficient for the Trustee to make a full monthly distribution on all Class 1 claims plus the statutory Trustee fee. If the Debtor makes a payment that is less than the full plan payment amount, the Trustee will make distributions on Class 1 claims in the order of priority set forth in the Bankruptcy Code. 5.1.1 Maintenance of Regular Mortgage Payments Regular mortgage payments shall be calculated for payment starting the month after the filing of the

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