Fill and Sign the South Dakota Chapter 13 Form

UNITED STATES BANKRUPTCY COURT DISTRICT OF SOUTH DAKOTA       Division In re: ) Bankr. No.       ) Chapter             ) Soc. Sec. No.       ) Plan Dated       1 ) Debtor. ) 1. Payments by Debtor to Trustee : Debtor will pay the Trustee $       per month for 36 months )the “plan term”), for a total of $       . Debtor will make the first payment on       and the last payment on       . 2. Payments by Trustee to Creditors: After deducting his 10% fee, the Trustee will Make the following payments, beginning the first month following confirmation of this Plan (month “1”): a. Priority Claims: Creditor Claim Interest Payment Months Total                                                                         b. Secured Claims in Default: Creditor Default Interest Payment Months Total                                     In addition, Debtor will make the regular payments on secured claims in default that Come due after the date the petition was filed. Each secured creditor whose claim is In default will retain its lien until its secured claim is paid in full. c. Other Secured Claims: Creditor Claim Interest Payment Months Total                                                                         At the end of the plan term, Debtor will pay the balance remaining on any of these secured cla ims b y co n t inu in g t o ma ke th e p ayme n t list e d ab ove un t il th e se cu red cla im h as b ee n paid in full. Each secured creditor will retain its lien until its secured claim is paid in full. d. Unsecured Claims: After making the payments to priority and secured creditors described above, the Trustee will distribute the balance of the payments made by the Debtor to the holders of timely-filed unsecured claims. If all unsecured creditors known to Debtor timely file proofs of claim, each unsecured creditor will be paid approximately       % of its claim. 3. Other provisions: None. 2 4. Disposable Income: If the Trustee or an unsecured creditor objects to confirmation of this plan, all of the debtor’s disposable income to be received in the three-year period beginning on       will be applied to make payments under this plan. 3 5. Attachments: Attached hereto and incorporated herein by reference is a liquidation analysis that demonstrates that creditors will receive as much or more than they would if Debtor’s non-exempt assets were liquidated in a chapter 7 bankruptcy. 4 Dated:       ____________________________________ (Debtor) ____________________________________ Attorney Counsel for Debtor                         COMMITTEE NOTES 1. Do not repeat the chapter number or use the work “Debtor” or “Debtor’s” in the title. If the plan has been modified, regardless of the number of times it has been modified , the prior title is “Modified Plan dated [date].” Do not include “Second,” “Third,” etc. 2. See 11 U.S.C. §§ 1222(b) or 1322(b) for a non-inclusive list of possible “other provisions”, including assumption or rejection or executory contracts and direct payment of unimpaired secured claims. Include in the paragraph (¶ 3) the maximum amount, terms, and lender for any planned borrowing in the ordinary course of business during the plan term. 3. See 11 U.S.C. §§ 1225(b) or 1322(b) for determination of disposable income period. 4. If the debtor is engaged in business (including farming), add “a statement of Debtors income and expenses for the past 12 months, and a projection of Debtor’s income and expenses during the plan term.”