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Fill and Sign the Montana Chapter 13 Form

Fill and Sign the Montana Chapter 13 Form

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Mont. LBF 19. Chapter 13 Plan. Name of Attorney:       Address:             Phone Number:       (Attorney for Debtor) State Bar I.D. Number       UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA In re ) Case No.       )       )       ) ) Debtor(s). ) --------------------------------------------------------------------- CHAPTER 13 PLAN (DATED       ) 1. The future earnings and other income of the debtor(s) are submitted to the supervision and control of the Chapter 13 Standing Trustee as necessary for the execution of this plan, and debtor(s) shall pay to the Trustee the sum of $       each month until this plan is completed. It is contemplated that this plan will take months to complete. 2. From the payments so received, the Trustee shall make disbursements as follows: (a) Administrative Claims. In advance of all other claims, the Trustee shall pay those claims, fees or charges specified in 11 U.S.C. § 507(a) (1), including the debtor’s attorney fees and costs in such amount as may be allowed by the Court. (b) Impaired Secured Claims. After payments provided for above, the Trustee shall pay allowed secured claims, as determined pursuant to 11 U.S.C. § 506(a), together with interest at the rate prescribed below from the date of confirmation, on a pro rata basis, as follows: 1 of 4 Name of Creditor Allowed Secured Claim* Rate of Interest                                                                         [* This figure is the lesser of the total amount of the debt owing to the creditor or the value of the collateral securing said debt.] Secured creditors shall retain their liens under their allowed secured claims have been paid in full, together with interest. In order for any unsecured deficiency to be allowed and paid, a proof of claim must be filed pursuant to Montana’s Local Bankruptcy Rules. (c) Unimpaired Secured Claims. The following secured creditors, whose claims will be left unimpaired by this plan, are not provided for by this plan and shall receive no payments through the trustee except with regard to those arrearages specified below, if any: Name of Creditor Description of Collateral                                                 Concurrently with the payments on impaired secured claims specified above, the following arrearages on unimpaired secured claims, if any, shall be paid through the Trustee on a pro rata basis until the same shall have been paid in full: Name of Creditor Amount of Arrearage                                                 (d) Priority Claims. After payments provided for above, the Trustee shall pay allowed claims entitled to priority in such order as specified in 11 U.S.C. § 507. 2 of 4 (e) Unsecured Claims. After the payments specified above, the Trustee shall pay dividends, to the extent possible, to allowed unsecured, nonpriority claims on a pro rata basis. (f) Liquidation Analysis. The total amount distributed under paragraphs 2.(d) and (e) will be at least $       , which exceeds that would be available to pay unsecured claims if the debtor’s estate was liquidated under Chapter 7 of the Bankruptcy Code. A discharge will not be entered by the Court until said sun has been distributed, or until all allowed unsecured claims have been paid in full, whichever is less. 3. The debtor(s) rejects the following executory contracts and unexpired leases, and shall surrender property subject to such contracts or leases: Type of Agreement Date of Agreement Other Party to Contract                                                       All other executory contracts and unexpired leases shall be affirmed. 4. Debtor(s) reserves the right to incur postpetition secured debt, upon prior written approval of the Trustee, for items necessary to debtor(s) performance under this plan. 5. The Debtor(s) shall commit all projected disposable income to the plan and shall report any changes in income to the trustee. 6. Other Provisions:                   7. Under penalty of perjury Debtor(s) affirms that all federal and state income, employment and other tax returns due as of the date of this plan have been filed with the appropriate agency. 3 of 4 DATED this       day of       , 200       . _______________________________ Debtor _______________________________ Debtor 4 of 4

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