**Uniform Plan**

**and**

**Motion for Valuation of Collateral**

CHAPTER 13 PLAN

Date of Plan: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The debtors propose the following plan pursuant to § 1321[^1].

In conjunction with the plan, the Debtor moves for the valuation of
secured claims in the amount set forth in paragraph 5. **The debtor(s)
propose to pay the holder of the Secured Claim only the amounts set
forth in the debtor(s)' Plan. The Court will conduct a scheduling
conference on this contested matter on the date set for the hearing on
confirmation of the debtor(s)' plan. You must file a response to this
objection, in writing, not less than 5 days (including weekends and
holidays) before the hearing on confirmation of the plan or the
valuation set forth in the plan may be adopted by the Court. If no
response is filed, the Debtor's sworn declaration at the conclusion of
this plan may be submitted as summary evidence at the hearing (pursuant
to Rule 7056) and 28 U.S.C. § 1746.** If no timely answer is filed, the
Court may conduct a final hearing on the objection at the hearing on
confirmation of the plan.

1\. **Payments.** The debtors hereby submit all or such portion of their
future earnings or other future income to the supervision and control of
the chapter 13 Trustee ("Trustee") as is necessary for the execution of
the plan. The submission of income shall be accomplished by making
monthly payments to the Trustee in amounts equal to all of the projected
disposable income of the debtor, as defined in § 1325(b). Schedules I
and J of the debtor\'s schedules contain the debtor\'s good faith
estimate of the current amount of available projected disposable income
for purposes of this requirement. Significant changes in the debtor\'s
financial condition during the first three years of the plan may provide
cause for the Trustee or any unsecured creditor to seek a modification
of the plan pursuant to § 1329. The amount, frequency, and duration of
the payments, is as follows:

  ------------------- ---------------- ----------------- -----------------
  **Beginning Month** **Ending Month** **Amount of       **Total**
                                       Monthly Payment** 

                                                         

                                                         

                                                         

                                                         

                                       Grand Total       
  ------------------- ---------------- ----------------- -----------------

The first monthly payment is due not later than 30 days after the date
this Plan was filed.

2\. **Priority Claims**. From the payments made by the debtor to the
Trustee, the Trustee shall pay in full, all claims entitled to priority
under § 507. Payments shall be made in the order of priority set forth
in § 507(a) and § 507(b). Payments of equal priority shall be made *pro
rata* to holders of such claims. Priority claims arising under §
503(b)(2) shall be paid only after entry of an order by the Bankruptcy
Court approving payment of the claim. If this case is dismissed, no
priority claim arising under § 503(b)(2) shall be allowed unless an
application for allowance is filed on or before 20 days after entry of
the order of dismissal.

  -----------------------------------------------------------------------------
  **Name of Holder  **Amount of  **Interest   **Amount of **First    **Last
  of Priority       Priority     Rate Under   Estimated   Payment of Payment of
  Claim**           Claim**      Plan**       Periodic    this       this
                                              Payment**   Amount in  Amount in
                                                          Month \#** Month \#**
  ----------------- ------------ ------------ ----------- ---------- ----------
                                                                     

                                                                     
  -----------------------------------------------------------------------------

**3. Secured Claims for which Collateral is to be Abandoned.** The
debtor abandons the following collateral:

  ----------------------- -----------------------------------------------
  **Name of Creditor**    **Description of Collateral**

                          

                          
  ----------------------- -----------------------------------------------

4\. **Secured Claim For Claim Secured Only by a Security Interest in
Real Property That is the Debtor(s)' Principal Residence (Property to be
Retained) or Other § 1322(b)(5) Claim**. The following table sets forth
the treatment of each class of secured creditors holding a claim secured
only by a security interest in real property that is the debtor(s)'
principal residence or other claim treated under § 1322(b)(5). The
amount listed as the "principal amount of claim for arrearage" is the
amount proposed by the debtor(s) in this Plan. If the actual allowed
claim is in a different amount, the amount paid pursuant to this Plan
shall be the amount due on the actual amount of the allowed claim
without the need of an amended plan. The amount listed as "amount of
estimated periodic payment" will be adjusted to reflect the actual
amount of the allowed claim.

  --------------------------------------------------------------------------------------
  **Name of      **Principal   **Interest   **Security   **Amount of **First   **Last
  Holder of      Amount of     Rate Under   for Claim**  Estimated   Payment   Payment
  Secured        Claim for     Plan**                    Periodic    of this   of this
  Claim**        Arrearage**                             Payment**   Amount in Amount in
                                                                     Month     Month
                                                                     \#**      \#**
  -------------- ------------- ------------ ------------ ----------- --------- ---------
                                                                               

                                                                               
  --------------------------------------------------------------------------------------

Payment of the arrearage amounts shall constitute a cure of all defaults
(existing as of the petition date) of the debtor(s)' obligations to the
holder of the secured claim.

The Secured Claims held by secured creditors holding a claim secured
only by a security interest in real property that is the debtor(s)'
residence (other than the arrearage claims set forth in the above table)
and other claims treated under § 1322(b)(5) will be paid in accordance
with the pre-petition contract held by the holder of the secured claim.
The first such payment is due on the first payment due date under the
promissory note (after the date this bankruptcy case was filed). During
the term of the plan, these payments will be made through the chapter 13
trustee in accordance with procedures adopted from time to time by the
chapter 13 trustee and approved by the Court. Each holder of a claim
that is paid pursuant to this paragraph must elect to either (i) apply
the payments received by it to the next payment due without penalty
under the terms of the holder's pre-petition note; or (ii) waive all
late charges that accrue after the order for relief in this case. Any
holder that fails to file an affirmative election within 30 days of
entry of the order confirming this plan has waived all late charges that
accrue after the order for relief in this case. Notwithstanding the
foregoing, the holder may impose any late charge that accrues following
an event of default of a payment due under paragraph 1 of this Plan.

The automatic stay is modified to allow holders of secured claims to
send only monthly statements (but not demand letters) to the Debtor(s).

5\. **All Other Secured Claims (Property to be Retained)**. Each secured
claimant is hereby designated to be in a class by itself. Subject to
disposition of a timely filed motion to avoid a lien under § 522, or a
complaint to determine the validity of a lien filed under [Fed. R.
Bankr. P.]{.smallcaps} 7001, each secured creditor shall retain the lien
securing its claim. The lien shall be enforceable to secure payment of
the claim the lien secures, as that claim may be modified by the plan.
The holder of a claim secured by a valid lien may enforce its lien only
pursuant to § 362.

The secured claims held by the following secured creditors will be paid
in accordance with the pre-petition contracts between the debtor(s) and
the holder of the secured claim:

  --------------------------------------------------------------------------
  **Name of       **Collateral for **Total       **Collateral   **Contract
  Holder**        Claim**          Claim**       Value**        Interest
                                                                Rate**
  --------------- ---------------- ------------- -------------- ------------
                                                                

                                                                
  --------------------------------------------------------------------------

The following table sets forth the treatment of each class of secured
creditors whose claims are modified by the Plan. The amount of secured
claim to be paid under this plan is the lesser of the amount listed
below as the Collateral Value and the allowed amount of the holder's
claim. If the Court allows a different amount than is shown below, the
Plan shall be deemed amended without the requirement of the filing of an
amended plan. The amount listed as "estimated periodic payment" will be
adjusted to reflect the actual amount of the allowed claim.

  -------------------------------------------------------------------------------------------------
  **Name of      **Security   **Principal     **Collateral   **Int.   **Est.     **First   **Last
  Holder of      for Claim**  Amount of Claim Value**        Rate per Amount     Pmt. of   Pmt. of
  Secured                     (without regard                Plan**   Periodic   this Amt. this
  Claim**                     to Value of                             Pmt.**     in Mth.   Amt. in
                              Collateral)**                                      \#**      Mth.
                                                                                           \#**
  -------------- ------------ --------------- -------------- -------- ---------- --------- --------
                                                                                           

                                                                                           

                                                                                           

                                                                                           

                                                                                           

                                                                                           
  -------------------------------------------------------------------------------------------------

Payment of the amounts required in this section constitutes a cure of
all defaults (existing as of the date this plan is confirmed) of the
debtor(s)' obligations to the holder of the secured claim. If the
monthly payment in the proposed in the plan is less than the amount of
the adequate protection payment ordered in this case, the actual payment
will be the amount of the monthly adequate protection payment.

The automatic stay is modified to allow holders of secured claims to
send only monthly statements (but not demand letters) to the Debtor(s).

6\. **Specially Classified Unsecured Claims.** The following unsecured
claims will be treated as described below:

  ----------------------- -----------------------------------------------
  **Name of Unsecured     **Treatment**
  Creditor**              

                          

                          

                          
  ----------------------- -----------------------------------------------

7.  **Unsecured Claims.** Unsecured creditors not entitled to priority
    shall comprise a single class of creditors, and those whose claims
    are allowed, shall be paid a pro rata share of the amount remaining
    after payment of all secured, priority, and specially classified
    unsecured claims. The debtor estimates that unsecured creditors will
    receive a \_\_\_\_\_% dividend.

8.  **Executory Contracts**. Except as set forth elsewhere in this Plan
    or in the following sentence, all executory contracts are rejected.
    The following contracts are
    assumed:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

9.  **Asset Sales and Refinancings.** The Debtor(s) are
    authorized---without the need for further Court order---to sell or
    refinance their exempt property in accordance with the following
    sentence. Any such sale or refinancing shall provide for the full
    payment, at closing, of all liens on the property that is sold. This
    provision does not authorize the Debtor(s) (without further Court
    order) to refinance any loan for an amount that exceeds the amount
    owed as of the date of the refinancing. If the Debtor(s) request and
    the Court so determines, an order confirming this authority may be
    granted by the Court, *ex parte.*

10. **Abandonment of Collateral.** The Debtor may abandon collateral to
    a secured creditor by filing a motion pursuant to Fed. R. Bankr. P.
    4001 for an agreed order providing for abandonment of collateral and
    termination of the automatic stay. The motion will be submitted on
    15 days notice.

11. **Discharge and Vesting of Property.** The debtor(s) will be granted
    a discharge in accordance with § 1328. Property of the estate shall
    vest in the debtors upon entry of the discharge order.

**Debtor's Declaration Pursuant to 28 U.S.C. § 1746**

I declare under penalty of perjury that the foregoing statements of
value contained in this document are true and correct.

Dated:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Debtor

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Debtor

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name, Address, and Signature of Debtor(s)' Attorney

[^1]: All § references are to the Bankruptcy Code.