Fill and Sign the Chapter 13 Plan 497313308 Form

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MISSOURI In re:       )       ) Case No.       ) Debtor(s) ) CHAPTER 13 PLAN AND PLAN SUMMARY 1. PLAN PAYMENT: Debtor to pay $       per month from future earnings in the manner indicated below. Trustee shall make the disbursements after confirmation in the order indicated. PLAN PAYMENTS ARE TO BEGIN WITHIN 30 DAYS OF THE DATE STAMPED ON THE PLAN WHETHER OR NOT THE PLAN PROVIDES FOR WAGE DEDUCTION AND WHETHER OR NOT THE WAFE DEDUCTION HAS GONE INTO EFFECT. PAYMENT ON TIME IS THE DEBTOR’S RESPONSIBILITY. WAGE ORDER TO EMPLOYER DIRECT PAYMENT: From the Debtor(s) to Trustee                         2. ADMINISTRATIVE COSTS: Pay Debtor’(s) attorney are indicated below and pay Trustee’s fee per 28 USC § 586 and 11 U.S.C. § 1326. Filing Fee: $       has already been paid $       will be paid through the Chapter 13 Plan Attorney’s Fees: $       total attorney fees $       attorney fee to be paid directly by the Debtor $       attorney fees to be paid from the Plan payments Attorney fees paid from the Plan payments will be paid pursuant to the Local Rule of the Bankruptcy Court unless different treatment is provided in paragraph 11. 3. SUPPORT: Future support owed to       is to be: Paid directly to the recipient by the Debtor(s). Paid to recipient from the Plan payments as $       per month. Support arrearage of $       is to be paid from Plan Payments at $       per month. 4. RESIDENTIAL HOME MORTGAGES. PAID AS LONG TERM DEBT PURSUANT TO 11 U.S.C. § 1322(B)(5) AND EXCEPTED FROM THE DISCHARGE PURSUANT TO 11 U.S.C. § 1325(A)(1), UNLESS RELIEF FROM THE AUTOMATIC STAY IF GRANTED PURSUANT TO 11 U.S.C. § 362(D) ON THE REQUEST OF ANY RESIDENTIAL LIEN HOLDERN,M THEN ALL REMAINING CLAIMS SHALL BE TREATED THE SAME AS ALL GENERAL UNSECURED CREDITORS PER SECTION 10 HEREIN. Pre-petition arrearages will be paid from the Plan payments. Unscheduled pre-petition a arrearages will be paid the contract rate of interest. Post-petition payments are to be paid directly by Debtor(s). Post-petition payments are to be paid from the Plan payments. Mortgage Lien Holder Regular Monthly Payment Total Pre-petition Arrearage Arrearage Rate of Interest Monthly Arrearage Payment                                                             5. LONG-TERM DEBTS PURSUANT TO 11 U.S.C. § 1322(B)(5) AND EXCEPTED FROM DISCHARGE PURSUANT TO 11 U.S.C. § 1328(A)(1): to be paid as follows: Creditor Name Regular Monthly Payment Total Pre- petition Arrearage Arrearage Rate of Interest Monthly Arrearage Payment                   Local Rule %                               Local Rule %             6. SECURED CREDITORS : Retail lien and pay to value per 11 U.S.C. §§ 1325(a)(5)(B)(i) & (ii) with any balance paid as a general unsecured. Creditor’s Name Value of Collateral Rate of Interest Monthly Payment through Plan             Local Rule %                         Local Rule %                         Local Rule %             Secured creditors with a non-purchase money security interest in consumer goods will be subject to lien avoidance per 11 U.S.C. § 522(f), and treated as general unsecured if a separate motion is filed and Court enters an Order Avoiding the Lien. 7. SECURED CREDITORS : Surrender per 11 U.S.C. § 1325(a)(5)(C). If a deficiency claim is filed it will be allowed unless the column titled “Surrender in Lien of Entire Debt” is clearly checked. Creditor Surrender in Lien of Entire Debt             8. PRIORITY UNSECURED CREDITORS : Pay 100% in full per 11 U.S.C. § 1322(a)(2) and 11 U.S.C. § 507. (Fill in the monthly payment, if any, in column below.) Creditor Monthly Payment       $             $             $       9. EXECUTORY CONTRACTS : Creditor Name Property Description Monthly Payment Months Remaining Accept Reject Payment Direct or Through Trustee             $                         10. GENERAL UNSECURED CREDITORS ONLY choose ONE of the following: A dividend of 100% OR A dividend of 0% OR This is a “Pot” Plan* There is non-exempt equity of $       (“The Pot”) OR This is a “Case” Plan**. The Base is       months of Plan Payments. OTHER REMARKS OR PROVISION : If applicable, the priority general unsecured creditors are to be paid after the debt(s) owed to the secured creditors, including but not limited to mortgage arrearages, have been paid in full.                         Date:       ___________________________________________       Address:       City, State Zip:       Telephone:       Fax:       Attorney for Debtor(s) * POT PLANS : The filed and allowed general unsecured claimants will share pro rata any funds left in “the Pot” after the satisfaction of the pre-petition attorney fees being paid from the Plan payments and the pre-petition filed and allowed priority unsecured claims. If the pre-petition attorney’s fees being paid from the Plan payments and the filed and allowed priority unsecured claims are equal to or greater than “the Pot”, the filed and allowed general unsecured creditors will share zero (0%). ** BASE PLANS: Filed and allowed general unsecured claimants will share pro rata funds left over after the payment of administrative expenses, including Court fees, Trustee’s fees and attorney’s fees; the payment of secured creditors plus interest, if any; and priority unsecured claims based on the base number of months of Plan payments. (“The Base”). Because the total funds paid into the Plan must be sufficient to satisfy the administrative expenses, secured claims and priority unsecured claims, the Plan may actually run longer than “The Base”. “The Base” will be adjusted upward to accommodate proofs of claim and amended proof of claim filed and allowed after the bar date and to accommodate increases in long-term continuing debts being paid through Plan payments. Notification received by the Trustee’s office of an increase in a long-term continuing debt being paid through the Plan will result in “The Base” being adjusted upward to accommodate the increased payment. Any adjustments made because of the foregoing reasons that result in the Plan running in excess of sixty (60) month statutory time limit of Section 1322(d) may result in the Trustee’s office filing a Motion to Dismiss. “The Base” may be adjusted at the end of the Plan in order to allow a full monthly payment in the last month of the Plan to any creditor receiving continuing payments through the Trustee’s office. Rev. 5/19/99