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Fill and Sign the Breach of Contract Cases in Small Claims Courtnolo Form

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ADDENDUM No. _______ ADDITION OF NON -EXEMPT PROCEEDS TO THE PLAN PAYMENTS (Lawsuits for Personal Injury, Breach of Contract, etc.) 1. The Debtor(s) have certain causes of action identified below. Upon confirmation of the plan, said causes of action shall revest in the Debtor for prosecution during the pendency of the case. Upon receipt of an offer to compromise any cause of action, the Debtor(s) shall notice all parties in interest, creditors, the Trustee and the Court by providing appropriate notice and sufficient opportunity to object to the proposed compromise. Description of Cause(s) of Action ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 2. Any non -exempt re covery arising from the aforementioned causes of action exercised by the Debtor(s), net of Court costs and attorney fees and cost, shall be paid to the Trustee for the benefit of the bankruptcy estate and disbursed as follows: (a) First, to administrative claimants and costs whose efforts and actions resulted in recovery benefiting the estate; (b) Second, to unsecured and undersecured creditors pro -rata pursuant to the priorities set forth in 11 U.S.C. Sec 726; (c) Third, to the secured creditors, pro -rata; and (d) Fourth, after payment of all remaining claims, administrative costs and expenses of the estate, the balance shall be refunded to the Debtor(s). 3. Any non -exempt recovery by the Debtor(s) shall be paid to the Trustee in addition to the plan payme nts and shall not alter or reduce the periodic payments due under the plan, nor shall the duration of the plan be shortened, except to the extent said recovery shall result in payment in full to all creditors and administrative costs. ADDENDUM ADDING NON-EXEMPT SALE PROCEEDS DERIVED FROM REAL PROPERTY (Sale by Realtor) 1. The Debtor(s) are proposing to sell certain real property commonly known as _________________________________________________ (“Property”). Debtor(s) attaches herewith copy of the pro posed Listing Agreement setting forth the asking price and terms of the sale offer. Upon receipt of a bona fide offer to purchase, the Debtor(s) shall notice all parties in interest, creditors, the Trustee and the Court by providing appropriate notice and sufficient opportunity to object to the proposed sale. 2. Debtor(s) shall cause the Property to be listed with ______________ ____________________________ (“Realtor”) for _______ months. Should the Property fail to receive a written offer to purchase, D ebtor(s) shall then offer the Property for sale to the highest and best bidder at public auction within _____ months after expiration of the aforementioned listing period. 3. Upon confirmation of the plan, the Realtor shall be approved to offer the Proper ty for sale and to receive compensation as set forth in the attached Listing Agreement upon closing the sale. 4. Any non -exempt proceeds received from aforementioned sale of property net of commissions, fees and costs of sale, shall be paid to the Trustee for the benefit of the bankruptcy estate and disbursed as follows: (a) First, to administrative claimants and costs whose efforts and actions resulted in the sale benefiting the estate; (b) Second, to unsecured and undersecured creditors pro -rata pursuant to the priorities set forth in 11 U.S.C. Sec 726; (c) Third, to the secured creditors, pro -rata; and (d) Fourth, after payment of all remaining claims, administrative costs and expenses of the estate, the balance shall be refunded to the Debtor(s). 5. The non -exempt proceeds shall be paid to the Trustee in addition to the plan payments and shall not alter or reduce the periodic payments due under the plan, nor shall the duration of the plan be shortened, except to the extent said recovery shall result in payment in full to all creditors and administrative costs. asd;lfkja

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