Chapter 13 Bankruptcy Forms

Chapter 13 Bankruptcy Forms

This Chapter 13 Plan and related forms are submitted by Debtor Name: and Chapter 13 Trustee Name: to the United States Bankruptcy Court for the District of: , Case Number: , Filing Date: .

RECITALS

WHEREAS, Debtor asserts that Debtor is eligible to be a debtor under Chapter 13 of Title 11 of the United States Code and seeks confirmation of a plan to repay creditors in accordance with the provisions set forth herein; and

WHEREAS, the Trustee administers payments and distributions under confirmed Chapter 13 plans in accordance with the Bankruptcy Code and applicable local rules; and

WHEREAS, the parties desire to set forth the terms, treatment of claims, and administrative procedures for disbursements, notices and modifications arising under this Chapter 13 Plan and related filings.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Plan, the following terms shall have the meanings set forth: "Plan" means this Chapter 13 Plan and any schedules and statements filed herewith; "Trustee" means the Standing Chapter 13 Trustee assigned to the debtor's case; "Allowed Claim" means a claim allowed under the Bankruptcy Code.

2. PLAN PAYMENTS

The Debtor shall make monthly plan payments to the Trustee in the amount of $ beginning on , and continuing for a term of months unless modified pursuant to Section 10 below. Payments shall be submitted by payroll deduction or by direct payment to the Trustee as designated below.

Payroll deduction
Direct payment to Trustee

3. TREATMENT OF CLAIMS

a. Secured Claims. Secured claims shall be treated as follows: holders of allowed secured claims shall receive payment in the manner and priority set by the Bankruptcy Code and this Plan. The Debtor proposes to pay secured claims in the amounts set forth in the schedules attached to this filing and listed below. To the extent a creditor properly files and obtains an allowed secured claim with a different priority, such creditor's treatment shall be governed by the allowed claim.

b. Priority Claims. Priority claims entitled to administrative or statutory priority under the Bankruptcy Code, including domestic support obligations, shall be paid in full unless the creditor agrees otherwise.

c. Unsecured Claims. General unsecured creditors shall receive a pro rata distribution from funds available after payment of secured and priority claims, or such other treatment as provided in this Plan. If the Plan provides for a fixed dividend to unsecured creditors, that dividend is set forth below.

4. CURE OF DEFAULTS AND LATE CHARGES

The Plan provides for the cure of monetary defaults on executory contracts and secured claims as set forth herein. Postpetition interest, late fees and default interest shall be paid if required by law or the allowed claim. Unless otherwise provided herein, the Trustee will pay allowed cure amounts over the term of the Plan.

5. EXECUTORY CONTRACTS AND UNEXPIRED LEASES

The Debtor assumes the following executory contracts and leases and rejects all others not specifically assumed. Any assumption shall be subject to cure of defaults and adequate assurance as required by the Bankruptcy Code.

6. VESTING OF PROPERTY

Upon confirmation of the Plan, property of the estate shall revest in the Debtor to the extent provided by applicable law and this Plan, subject to the lien rights of secured creditors, and subject to the Trustee's continuing authority to administer distributions until discharge or case closure.

7. CONVERSION AND DISMISSAL

If the Debtor fails to make required payments or otherwise fails to comply with the terms of the Plan or applicable law, the Trustee may move for dismissal or conversion of the case. The Debtor may move to convert to another chapter when permitted by the Bankruptcy Code.

8. NOTICES

All notices required under this Plan shall be given in writing and delivered to the addresses below or to such other address as a party may designate in writing to the other parties. Notice is effective upon mailing or personal delivery.

9. AMENDMENTS AND WAIVER

This Plan may be amended by the Debtor where permitted by the Bankruptcy Code, subject to notice to creditors and approval by the Court. No waiver of any provision of this Plan shall be effective unless in writing signed by the party waiving compliance.

10. GOVERNING LAW

This Plan shall be construed and governed by Title 11 of the United States Code and, to the extent not preempted, by the laws of the state in which the debtor's principal residence is located.

11. ENTIRE AGREEMENT

This document, together with the schedules and statements filed with the Court, constitutes the entire Plan and understanding between the Debtor and the Trustee with respect to the matters contained herein and supersedes any prior oral or written representations.

12. SEVERABILITY

If any provision of this Plan is held invalid or unenforceable, the remainder of the Plan shall remain in full force and effect and shall be interpreted so as to effectuate the original intent of the parties to the maximum extent permitted by law.

13. COUNTERPARTS

This Plan may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be treated as original signatures for purposes of execution and filing.

14. DECLARATION AND CERTIFICATION

The Debtor certifies under penalty of perjury that the information contained in the schedules, statements, and this Plan is true and correct to the best of the Debtor's knowledge and belief. The Trustee certifies that the distributions contemplated by this Plan are administratively feasible based on the Trustee's review and applicable law.

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