Chapter 13 Plan Form

IN THE UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF PENNSYLVANIA
LOCAL FORM #21
CHAPTER 13 PLAN DATED

COMBINED WITH CLAIMS BY DEBTOR PURSUANT TO RULE 3004

In Re:

D#1

D#2

SSN D#1

SSN D#2

I. GOALS OF PLAN

A. The following plan has been proposed by the above named Debtor(s) (hereinafter, the singular shall include the plural), pursuant to Chapter 13 of the United States Bankruptcy Code. Chapter 13 is a voluntary procedure which allows individuals to pay their debts over a period of time. This plan contains information as to the nature and extent of the debts to be repaid in this case, as well as general timing and sequence of the payments to be made under the plan.

B. The Debtor acknowledges that this plan shall not be completed merely by the passage of time, but that the goals of this plan must be achieved. Among the goals which must be met are, inter alia, the cure of defaults on secured debts, full payment of priority claims, and distributions to general unsecured creditors consistent with the "best effort" and "liquidation alternative" requirements of the Bankruptcy Code.

C. Schedules listing the Debtor's assets, liabilities, income and expenses are on file with the Clerk of Bankruptcy Court and are available for review by interested parties.

D. Words or phrases defined in the Bankruptcy Code shall have those meanings when used in this plan.

II. DISTRIBUTION AND ADEQUATE PROTECTION

A. All prepetition debts are paid through the Trustee. Distributions begin with the month following confirmation of the plan, unless the Court orders otherwise.

B. Distributions are fundamentally hierarchical. The plan designates an intended sequence and commencement date of payments.

III. DEBTOR'S PROOFS OF CLAIM; RECONCILIATION OF CLAIMS WITH PLAN

A. This plan shall contain specific statements of the identities of and amounts to be paid to secured, priority and specially classified creditors.

B. In the event that a secured, priority or specially classified creditor files its own claim, then the creditor's claim shall govern as to the amount of such claim.

C. In the event that a prepetition creditor files a claim asserting secured or priority status but is not provided for in the plan, then after notice the Trustee shall pay such creditor one hundred percent of its claim from available funds.

D. The provisions in paragraph III.B and III.C shall apply equally to claims filed before or after the "claims bar date."

E. Creditors must serve all types of claims on the Debtor's counsel of record and Trustee in order to be effective if filed after the "claims bar date."

F. Claims filed for postpetition debts are dealt with in Part VIII.F, below.

G. Nothing herein shall be construed to limit or alter the responsibility of the Debtor to review the claims and to object to the allowance of claims for cause.

H. In the event that the adequacy of the plan's funding is materially and adversely affected by a claim exceeding the amount provided, then the Debtor shall promptly amend the plan.

IV. PROPERTIES AND FUTURE EARNINGS SUBJECT TO THE SUPERVISION AND CONTROL OF THE TRUSTEE

The Debtor submits to the supervision and control of the Trustee all or such portion of the Debtor's future earnings or other future income as is needed to carry out the plan, including:

A. The total amount of $ per month which shall be paid to the Trustee from future earnings.

1. In the initial plan, this payment commences with the month following the filing of the plan.

2. If this is an amended plan, then the following shall apply:

a. the total plan payments shall consist of all amounts previously paid, together with the new monthly payment for the remainder of the plan's duration; the plan payment shall change on the following date:

c. if this plan is being funded through an income attachment, the Trustee is authorized to immediately obtain an amended income attachment order.

B. Estimated amount of sale proceeds: $ (from sale of property known as: )

C. Other payments: i.e. lump sum payments in addition to monthly payments.

D. Estimated total of all payments into the plan $ . The Trustee shall calculate the actual total of payments.

E. The monthly installment will be paid to the Trustee as follows:

Debtor #1 $ by income attachment; $ directly by the Debtor; $ by automatic bank draft

The pay period for debtor #1 is (eg. weekly, every other week, twice a month, monthly, other)

Debtor #2 $ by income attachment; $ directly by the Debtor; $ by automatic bank draft

The pay period for debtor #2 is (eg. weekly, every other week, twice a month, monthly, other)

F. If the monthly payment to the Trustee fluctuates, check here and attach a schedule of payments and explanation of the need for fluctuations.

V. DURATION AND COMPLETION

A. It is proposed that payments shall be made over a period of months.

B. If this is an amended plan, then the original plan term has been extended by months, for a total of months.

C. Any and all sales shall be completed by

D. Any and all lump sums shall be contributed at the following intervals:

VI. SEQUENCE OF PAYMENTS TO CREDITORS

The statement of sequence governs, in the event of any conflicts with estimated months to pay in the body of the plan. If no sequence is selected then sequence “A” shall apply.

A. First disbursement level: Unpaid petition filing fee ... Seventh level: Remaining claims.

B. Other:

VII. IDENTITY OF CREDITORS WHOSE TREATMENT IS CHANGED BY AMENDMENT

VIII. CLASSIFICATION AND TREATMENT OF CLAIMS

Check here if a non-monetary covenant is modified. Complete Part IX.F and specify the modification there.

A. SECURED CLAIMS

1. LONG TERM CONTINUING DEBTS TO BE CURED AND REINSTATED, AND LIEN RETAINED.

a. Name and address of creditor:

Description of collateral: Nature of lien:

Total amount of claim: $ Regular monthly contractual payment: $

Amount of arrears, as of petition date: $ Rate of interest to be paid on arrears: %

Estimated number of months to cure: Cure estimated to begin in plan month:

Check here if interest on arrears is to accrue from date of plan confirmation, not from petition filing date.

Additional postpetition default (if any): $ consisting of (specify):

b. Name and address of creditor:

Description of collateral: Nature of lien:

Total amount of claim: $ Regular monthly contractual payment: $

Amount of arrears, as of petition date: $ Rate of interest to be paid on arrears: %

Estimated number of months to cure: Cure estimated to begin in plan month:

2. SECURED CLAIMS TO BE PAID IN FULL DURING TERM OF PLAN, ACCORDING TO ORIGINAL CONTRACT TERMS

a. Name and address of creditor:

Description of collateral: Nature of lien:

Total amount of claim $ Principal balance $ Monthly distributions $

Interest rate % to be paid on principal balance.

Check here if variable rate.

3. SECURED CLAIMS TO BE PAID ACCORDING TO MODIFIED TERMS

a. Name and address of creditor:

Description of collateral: Nature of lien:

Modified principal balance: $ Interest rate to be paid: % Monthly distribution: $

Distributions estimated to begin in month number: for a total of months

Check here if creditor is undersecured.

4. STATUTORY LIENS TO BE PAID IN FULL DURING TERM OF PLAN

Name and address of creditor:

Description of collateral:

The lien arose under the following federal or state statute(s):

Total amount of claim $ Principal balance $

5. SECURED CLAIMS NOT TO BE PAID DUE TO SURRENDER OF COLLATERAL

A.

6. THE DEBTOR HAS OR WILL BRING ACTIONS TO AVOID OR LIMIT THE LIENS OF THE FOLLOWING CREDITORS:

A.

B.

C.

7. SECURED CLAIMS OTHERWISE PROVIDED

a. Name and address of creditor:

Description of collateral: Nature of lien:

Description of treatment (precise payment terms required):

B. TAX CLAIMS

THE Debtor MUST INITIAL THE FOLLOWING APPLICABLE STATEMENT:

Yes, I have filed all required federal, state and local tax returns.

No, I have not filed all required federal, state and local tax returns.

1. SECURED TAX CLAIMS

a. Name and address of creditor:

Total secured amount $ Interest rate: %

Monthly distribution: $

Distributions estimated to begin in month number: for a total of months

2. PRIORITY TAX CLAIMS

a. Name and address of creditor:

Total priority amount: $

No interest to be paid or % on priority tax claim

Monthly distribution: $

C. PRIORITY CLAIMS (EXCLUDING PRIORITY TAX CLAIMS, TREATED ABOVE)

1. PERCENTAGE FEES payable to the Chapter 13 Trustee Fee and Expense Fund shall be paid at the rate fixed by the United States Trustee.

2. FILING FEES: the balance of $ shall be fully paid by the Trustee.

3. PROFESSIONAL FEES:

a. Attorney fees, payable to (name and address)

Retainer of $ already paid; amount of $ Monthly distribution: $

b. Accountant fees, payable to (name and address)

Retainer of $ already paid; amount of $ Monthly distribution: $

c. Other professional fees, payable to (name and address)

Retainer of $ already paid; amount of $ Monthly distribution: $

4. UTILITY PAYMENTS

a. Name and address of creditor:

Utility budget amount $ commencing with

Administrative claim $ Security deposit $

5. OTHER NON-TAX PRIORITY CLAIMS

a. Name and address of creditor:

Amount of claim: $ Basis of priority status:

If interest is to be paid, state the interest rate here: %

D. CLAIMS OF UNSECURED, NONPRIORITY CREDITORS SPECIALLY CLASSIFIED

a. Name and address of creditor:

Reason for special classification:

Treatment of claim:

Amount of claim: $ monthly distribution: $

E. CLAIMS OF GENERAL, NONPRIORITY, UNSECURED CREDITORS FILED PRIOR TO "CLAIMS BAR DATE"

1. Check here if this plan is and must remain a 100 percent plan for timely unsecured claims.

2. Check here if interest will be paid at the Pennsylvania statutory judgment rate of six percent from the petition filing date.

3. Distribution expected to begin in month number . The total of the general, unsecured claims according to the original schedules is $

4. The total available funds for unsecured creditors is estimated at $ . The estimated percentage of payment is %

5. Minimum distribution to general unsecured creditors: $

F. POSTPETITION CLAIMS

1. Postpetition claims in general:

a. All claims newly arising after the petition date must be documented by the filing of a proof claim served on the Debtor's counsel and on the Trustee.

b. Postpetition claims filed and allowed in accordance with § 1305 shall be paid by the Trustee from available funds along with the prepetition claims in the same class, if any.

2. Postpetition taxes and insurance premiums:

a. Monthly amount distributed by Trustee: $ to creditor:

b. Monthly amount escrowed with Trustee: $

c. Postpetition taxes and insurance premiums shall be paid directly by the Debtor as those obligations come due.

G. CLAIMS OF GENERAL, NONPRIORITY, UNSECURED CREDITORS FILED AFTER THE CLAIMS BAR DATE

1. Check here if this plan is and must remain a 100 percent plan for untimely unsecured claims.

2. Check here if interest will be paid at the Pennsylvania statutory judgment rate of six percent from the petition filing date on untimely unsecured claims.

4. The total available funds for untimely unsecured creditors is estimated at $ . The estimated percentage of payment is %

5. Minimum distribution to untimely unsecured creditors: $

IX. OTHER PROVISIONS

A. The order confirming the plan is incorporated into the plan.

B. Executory contracts and unexpired leases:

C. Insurance will be maintained on all property.

E. If the Debtor amends this plan, Debtor will file and serve the amended Plan on the Trustee and on all secured and priority creditors.

F. Other:

X. CERTIFICATIONS

The foregoing is a comprehensive statement of the Debtor's plan. The corresponding plan summary accurately reflects the terms of this plan.

I hereby certify that I have read, understood and adopted the foregoing plan (to be signed by each Debtor and not by the Attorney).