Chapter 13 Plan

CHAPTER 13 PLAN

UNITED STATES BANKRUPTCY COURT

DISTRICT OF GEORGIA

DIVISION

IN RE   Case No:

Chapter 13

Debtor

Extension     Composition

You should read this Plan carefully and discuss it with your attorney. Confirmation of this Plan by the Bankruptcy Court may modify your rights by providing for payment of less than the full amount of your claim, by setting the value of the collateral securing your claim, and/or by setting the interest rate on your claim.

Debtor or Debtors (hereinafter called “Debtor”) proposes this Chapter 13 Plan:

1. Submission of Income. Debtor submits to the supervision and control of the Chapter 13 Trustee (“Trustee”) all or such portion of future earnings or other future income of Debtor as is necessary for the execution of this Plan.

2. Plan Payments and Length of Plan. Debtor will pay the sum of $ per to Trustee by Payroll Deduction(s) or by Direct Payment(s) for the applicable commitment period of months, unless all allowed claims in every class, other than long-term claims, are paid in full in a shorter period of time. The term of this Plan shall not exceed sixty (60) months.

The following alternative provision will apply if selected:

IF CHECKED, Plan payments will increase by $ on upon completion or termination of

3. Claims Generally. The amounts listed for claims in this Plan are based upon Debtor’s best estimate and belief. An allowed proof of claim will be controlling, unless the Court orders otherwise. Objections to claims may be filed before or after confirmation.

4. Administrative Claims. Trustee will pay in full allowed administrative claims and expenses pursuant to §507(a)(2) as set forth below, unless the holder of such claim or expense has agreed to a different treatment of its claim.

(A). Trustee’s Fees. Trustee shall receive a fee for each disbursement, the percentage of which is fixed by the United States Trustee.

(B). Debtor’s Attorney’s Fees. Debtor and Debtor’s attorney have agreed to a base attorney fee in the amount of $ for the services identified in the Rule 2016(b) disclosure statement filed in this case. The amount of $ was paid prior to the filing of the case.

The balance of the fee shall be disbursed by Trustee as follows:

(1) Upon the first disbursement following confirmation of a Plan, the Trustee shall disburse to Debtor’s attorney from the proceeds available and paid into the office of the Trustee by Debtor or on Debtor’s behalf, up to $ after the payment of adequate protection payments and administrative fees. The remaining balance of the fees shall be paid up to $ per month until the fees are paid in full;

(2) If the case is dismissed or converted prior to confirmation of the plan, the Trustee shall pay fees to Debtor’s attorney from the proceeds available and paid into the office of the Trustee by Debtor or on Debtor’s behalf, all funds remaining, not to exceed $ after payment of any unpaid filing fees, Trustee’s fees and expenses, and adequate protection payments, if applicable.

[INDICATE HERE HOW ADDITIONAL, NON-BASE FEES ARE TO BE PAID]

5. Priority Claims.

(A). Domestic Support Obligations.

None. If none, skip to Plan paragraph 5(B).

(i). Debtor is required to pay all post-petition domestic support obligations directly to the holder of the claim.

(ii). The name(s) and address(es) of the holder of any domestic support obligation are as follows.

(iii). Anticipated Domestic Support Obligation Arrearage Claims

(a). Unless otherwise specified in this Plan, priority claims under 11 U.S.C. § 507(a)(1) will be paid in full pursuant to 11 U.S.C. § 1322(a)(2). These claims will be paid at the same time as claims secured by personal property, arrearage claims secured by real property, and arrearage claims for assumed leases or executory contracts.

None; or

Claimant and proposed treatment:

(b). Pursuant to §§ 507(a)(1)(B) and 1322(a)(4), the following domestic support obligation claims are assigned to, owed to, or recoverable by a governmental unit.

None; or

Claimant and proposed treatment:

(B). Other Priority Claims (e.g., tax claims). These priority claims will be paid in full, but will not be funded until after all secured claims, lease arrearage claims, and domestic support claims are paid in full.

6. Secured Claims.

(A). Claims Secured by Personal Property Which Debtor Intends to Retain.

(i). Pre-confirmation adequate protection payments. No later than 30 days after the date of the filing of this plan or the order for relief, whichever is earlier, the Debtor shall make the following adequate protection payments to creditors pursuant to § 1326(a)(1)(C).

Debtor shall make the following adequate protection payments:

directly to the creditor; or to the Trustee pending confirmation of the plan.

(ii). Post confirmation payments. Post-confirmation payments to creditors holding claims secured by personal property shall be paid as set forth in subparagraphs (a) and (b). If Debtor elects to propose a different method of payment, such provision is set forth in subparagraph (c).

(a). Claims to Which § 506 Valuation is NOT Applicable.

None; or

(b). Claims to Which § 506 Valuation is Applicable.

(c). Other provisions.

(B). Claims Secured by Real Property Which Debtor Intends to Retain. Debtor will make all post-petition mortgage payments directly to each mortgage creditor as those payments ordinarily come due.

(C). Surrender of Collateral. Debtor will surrender the following collateral no later than thirty (30) days from the filing of the petition unless specified otherwise in the Plan.

7. Unsecured Claims. Debtor estimates that the total of general unsecured debt not separately classified in Plan paragraph 10 is $ . After all other classes have been paid, Trustee will pay to the creditors with allowed general unsecured claims a pro rata share of $ or %, whichever is greater.

8. Executory Contracts and Unexpired Leases. The following executory contracts and unexpired leases are assumed, and payments due after the filing of the case will be paid directly by Debtor, not through Trustee, as set forth below.

None; or

9. Property of the Estate. Property of the estate shall not vest in Debtor until the earlier of Debtor’s discharge or dismissal of this case, unless the Court orders otherwise.

10. Other Provisions:

(A). Special classes of unsecured claims.

(B). Other direct payments to creditors.

Date: