Fill and Sign the Chapter 13district of Maineunited States Bankruptcy Court Form

UNITED STATES BANKRUPTCY COURT District of Maine In the matter of: Chapter 13 Case No. Debtor THIS PLAN CONTAINS MATTERS WHICH, IF NOT CONTROVERTED, MAY BE ACCEPTED AS TRUE. WHILE CREDITORS MAY NOT VOTE ON THIS PLAN, THEY MAY OBJECT TO ITS CONFIRMATION PURSUANT TO 11 U.S.C. SEC. 1324. ANY OBJECTIONS TO THE PLAN MUST BE IN WRITING, FILED WITH THE COURT, AND SERVED UPON DEBTOR’S COUNSEL (OR THE DEBTOR, IF PRO SE), AND THE CHAPTER 13 TRUSTEE AT LEAST TEN (10) DAYS PRIOR TO THE HEARING ON CONFIRMATION. ABSENT ANY OBJECTION, THE COURT MAY CONFIRM THIS CHAPTER 13 PLAN WITHOUT FURTHER NOTICE OR HEARING. CHAPTER 13 PLAN Pursuant to 11 U.S.C. Sec. 1321 and 1322, the debtor propose the following plan. The debtor submit all or such portion of their future earnings or income or estate to the supervision and control of the trustee as is necessary for the execution of the plan. 1. This is a month plan. 2. The debtor shall make the following payments to the trustee. The total amount to be paid to the trustee is $ , plus all tax refunds in excess of $ per year. a) Commencing on , regular payments of $ shall be made for months [plus $ for months and $ for months for a total of months]. b) Lump sum payment(s) of $ shall be made on [date], the source of which is c) Other [specify]: 3. Administrative expenses and claims allowed under 11 U.S.C. Sec. 503(b) and any fees and charges assessed against the estate under 28 U.S.C. Sec. 586(e) and 1930, shall be paid in full from the funds paid by the debtor to the trustee as follows: (a) Trustee’s fee not to exceed 10%: $ (b) Attorney’s fee to be paid through plan (if any): $ (c) Administrative reserve (if any): $ (d) Other (describe): $ 4. Claims secured by property of the estate shall be paid as follows: (a) The following secured claims shall be paid by the debtor directly pursuant to the existing contract(s) between the debtor and the creditor as follows. The lien securing each claim shall be unimpaired. [List creditor, identify collateral, periodic payment and amount, and date next payment is due. If none, write “None.”] Periodic Creditor Collateral Payment Amount Date Due (b) The following secured claims shall be paid in full or to the extent of value of the collateral from the funds paid by the debtor to the trustee as follows. Confirmation of the plan is a judicial determination of the value of the collateral as set forth below. The lien securing each claim shall be discharged upon payment of the secured portion of the claim; the lien shall remain in place until the secured portion is paid. Any undersecured portion of the claim shall be treated as unsecured. A creditor must file a proof of claim by the bar date to be entitled to payment. [List creditor, identify collateral and value, and interest terms. If none, write “None.] Interest Creditor Collateral Value Terms (c) Arrearages on secured claims shall be paid from the funds paid by the debtor to the trustee as follows. A creditor must file a proof of claim by the bar date to be entitled to payment. [List creditor, nature of claim (e.g., home mortgage), amount of arrearages and interest terms. If none, write “None.”] Amount of Interest Creditor Nature of Claim Arrearage Terms Current periodic payments to those creditors will be made [directly by the debtor ] [by the trustee through the plan]. 5. Claims entitled to priority under 11 U.S.C. Sec. 507(a) shall be paid in full from the funds paid by the debtor to the trustee as follows, unless a creditor agrees to a different treatment of such claim. A creditor must file a proof of claim by the bar date to be entitled to payment. [List priority creditors, total claim, and amount entitled to priority. If none, write “None.”] Priority Creditors Total Claim Amount Entitled to Priority 6. Interim distribution may be made pursuant to court order to provide payment to undisputed and timely filed priority and secured claims. 7. Unsecured (and undersecured) creditors’ claims are listed on the debtor schedules in the approximate amount of $ . A creditor must file a proof of claim by the bar date to be entitled to payment. The Court will issue an order after the bar date determining the actual dividend. Payment will be made from funds paid by the debtor to the trustee. The dividend to be paid to each general unsecured creditor will be determined by dividing the funds available by the total amount of general unsecured claims actually filed and allowed. Unsecured creditors will not receive payment until after payment in full of administrative, secured and priority claims. (a) If all scheduled claims are allowed, the percentage dividend to general unsecured creditors is estimated to be approximately %. (b) The following unsecured creditors shall be separately classified and paid at a different percentage. [List creditor, claim amount, basis for separate classification and proposed dividend to each. If none, write “None.”] Creditor Claim Amount Basis for Separate Classification Proposed Dividend (c) The trustee may pay in full any claim or dividend that does not exceed $50 as allowed by Court order after the bar date. 8. The following other special provisions of the plan appear on the attached schedules as indicated. No other special provisions Schedule I – Co-debtor matters (11 U.S.C. Sec. 1301 and Sec. 1322(b)(1)) Schedule II – Cramdown or stripdown (11 U.S.C. Sec. 1322(b)(5)) Schedule III – Executory contracts and leases (11 U.S.C. Sec. 365) Schedule IV – Lien avoidance (11 U.S.C. Sec. 522) Schedule V – Sale of property (11 U.S.C. Sec. 363) Schedule VI – Return of secured collateral ( 11 U.S.C. Sec. 1325(a)(5)(C)) Schedule VII – Injunctive Relief (11 U.S.C. Sec. 2002(c)(3) and Fed.R.Bankr.P. 7001(7)) Schedule VIII – Other 9. If this case were liquidated under Chapter 7 rather than reorganized under Chapter 13, a Chapter 7 trustee would be entitled to sell, collect or recoup certain assets for the benefit of creditors. The liquidation amount which would be available for unsecured creditors, net of valid secured claims and exemptions is $ . The debtor certify that at least this cash amount will be paid to the trustee for the benefit of unsecured creditors in this case pursuant to 11 U.S.C. Sec. 1325(a)(4). 10. Property of the estate not paid over to the trustee shall remain in the possession of the debtor . All property of the estate, whether in the possession of the debtor or the trustee, remains property of the estate, subject to the Court’s jurisdiction notwithstanding 11 U.S.C. Sec. 1327(b). 11. Upon completion of the plan as approved by the Court, the debtor shall be entitled to a full compliance discharge pursuant to 11 U.S.C. Sec. 1328(a). Date: ---------------------------------------------- Debtor I ---------------------------------------------- Debtor II ---------------------------------------------- Debtor Attorney