Chapter 13 Plan | Pdf Fpdf Docx | Georgia

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Chapter 13 Plan | Pdf Fpdf Docx | Georgia

Last updated: 4/23/2021

Chapter 13 Plan

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U.S. Bankruptcy Court, N.D. Ga. Chapter 13 Plan Form (April 2018), Version 1.3Page 1 of 8 Fill in this information to identify your case: Debtor 1 First Name Middle Name Last NameDebtor 2 (Spouse, if filing) First Name Middle Name Last NameUnited States Bankruptcy Court for the Northern District of Georgia Case number(if known) Check if this is an amended plan, and list below the sections of the plan that have been changed. Amendments to sections not listed below will be ineffective even if set out later in this amended plan. Chapter 13 PlanNOTE:The United States Bankruptcy Court for the Northern District of Georgia adopted this form plan for use in Chapter 13 cases in the District pursuant to Federal Rule of Bankruptcy Procedure 3015.1. See Order Requiring Local Form for Chapter 13 Plans and Establishing Related Procedures, General Order No. 21-2017, available in the Clerk222s Office and on the Bankruptcy Court222s website, ganb.uscourts.gov. As used in this plan, 223Chapter 13 General Order224 means General Order No. 21-2017 as it may from time to time be amended or superseded. Notices Part 1: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 the United States Bankruptcy Code, local rules and judicial rulings may not be confirmable. In the following notice to creditors, you must check each box that applies. Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated. Check if applicable.To Debtor(s): To Creditors: The plan provides for the payment of a domestic support obligation (as defined in 11 U.S.C. 247 101(14A)), set out in 2474.4.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 at least 7 days before the date set for the hearing on confirmation, unless the Bankruptcy Court orders otherwise. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed. See Bankruptcy Rule 3015. To receive payments under this plan, you must have an allowed claim. If you file a timely proof of claim, your claim is deemed allowed unless a party in interest objects. See 11 U.S.C. 247 502(a). The amounts listed for claims in this plan are estimates by the debtor(s). An allowed proof of claim will be controlling, unless the Bankruptcy Court orders otherwise. The following matters may be of particular importance. Debtor(s) 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 included,224 if both boxes are checked, or if no box is checked, the provision will be ineffective even if set out later in the plan. 2471.1 A limit on the amount of a secured claim, that may result in a partialpayment or no payment at all to the secured creditor, set out in 247 3.2 Included Not Included 2471.2 Avoidance of a judicial lien or nonpossessory, nonpurchase-moneysecurity interest, set out in 247 3.4 Included Not Included 2471.3 Nonstandard provisions, set out in Part 8 Included Not Included American LegalNet, Inc. www.FormsWorkFlow.com U.S. Bankruptcy Court, N.D. Ga. Chapter 13 Plan Form (April 2018), Version 1.3Page 2 of 8 Debtor Case number Part 2: Plan Payments and Length of Plan; Disbursement of Funds by Trustee to Holders of Allowed Claims2472.1 Regular Payments to the trustee; applicable commitment period.The applicable commitment period for the debtor(s) as set forth in 11 U.S.C. 247 1325(b)(4) is:Check one: 36 months 60 monthsDebtor(s) will make regular payments (223Regular Payments224) to the trustee as follows: The debtor(s) will pay perweekfor the applicable commitment period. If the applicable commitment period is 36months, additional Regular Payments will be made to the extent necessary to make the payments to creditors specified in this plan, not to exceed 60 months unless the Bankruptcy Court orders otherwise. If all allowed claims treated in 247 5.1 of this plan are paid in full prior to the expiration of the applicable commitment period, no further Regular Payments will be made.Check if applicable. The amount of the Regular Payment will change as follows (If this box is not checked, the rest of 247 2.1 need not be completed or reproduced. Insert additional lines as needed for more changes.): Beginning on (insert date): The Regular Payment amount will change to (insert amount): For the following reason (insert reason for change): perweek 2472.2 Regular Payments; method of payment.Regular Payments to the trustee will be made from future income in the following manner:Check all that apply. Debtor(s) will make payments pursuant to a payroll deduction order. If a deduction does not occur, the debtor(s) will pay to the trustee the amount that should have been deducted. Debtor(s) will make payments directly to the trustee. Other (specify method of payment): 2472.3 Income tax refunds.Check one. Debtor(s) will retain any income tax refunds received during the pendency of the case. Debtor(s) will (1) supply the trustee with a copy of each income tax return filed during the pendency of the case within 30 days of filing the return and (2) turn over to the trustee, within 30 days of the receipt of any income tax refund during the applicable commitment period for tax years, the amount by which the total of all of the income tax refundsreceived for each year exceeds $2,000 (223Tax Refunds224), unless the Bankruptcy Court orders otherwise. If debtor222s spouse is not a debtor in this case, 223tax refunds received224 means those attributable to the debtor. Debtor(s) will treat tax refunds (223Tax Refunds224) as follows: 2472.4 Additional Payments. Check one. None. If 223None224 is checked, the rest of 247 2.4 need not be completed or reproduced. Debtor(s) will make additional payment(s) (223Additional Payments224) to the trustee from other sources as specified below. Describe the source, estimated amount, and date of each anticipated payment. 2472.5 [Intentionally omitted.]2472.6 Disbursement of funds by trustee to holders of allowed claims. (a) Disbursements before confirmation of plan. The trustee will make preconfirmation adequate protection payments to holders of allowed claims as set forth in 247247 3.2 and 3.3. (b) Disbursements after confirmation of plan. Upon confirmation, after payment of the trustee's statutory fee, the trustee will disburse Regular American LegalNet, Inc. www.FormsWorkFlow.com U.S. Bankruptcy Court, N.D. Ga. Chapter 13 Plan Form (April 2018), Version 1.3Page 3 of 8 Debtor Case numberPayments, Additional Payments, and Tax Refunds that are available for disbursement to make payments to holders of allowed claims as follows: (1) First disbursement after confirmation of Regular Payments. In the first disbursement after confirmation, the trustee will disburse all available funds from Regular Payments in the following order: (A) To pay any unpaid preconfirmation adequate protection payments required by 11 U.S.C. 247 1326(a)(1)(C) as set forth in 247 3.2, 247 3.3, and orders of the Bankruptcy Court; (B) To pay fees, expenses, and costs of the attorney for the debtor(s) as set forth in 247 4.3; (C) To make payments pro rata based on the monthly payment amount: on secured claims as set forth in 247247 3.1, 3.2, 3.3, and 3.4; on domestic support obligations as set forth in 247 4.4; on the arrearage claims on nonpriority unsecured claims as set forth in 247 5.2; and on executory contracts and unexpired leases as set forth in 247 6.1; and (D) To pay claims in the order set forth in 247 2.6(b)(3). (2) Second and subsequent disbursements after confirmation of Regular Payments. In the second disbursement after confirmation, and each month thereafter, the trustee will disburse all available funds from Regular Payments in the order below. All available Regular Payments will be distribut

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