**IN THE UNITED STATES BANKRUPTCY COURT**

**WESTERN DISTRICT OF MISSOURI**

In re: ) Case No. - - -13

)

) SSN: xxx-xx-

) SSN: xxx-xx-

)

Debtor(s) )

**CHAPTER 13 PLAN AND PLAN SUMMARY FOR CASES FILED ON OR [AFTER OCTOBER
17, 2005]{.underline}**

G Original plan

G Amended plan

Date amended:

**YOUR RIGHTS WILL BE AFFECTED.** You should read these papers carefully
and discuss them with your attorney. Anyone who wishes to oppose any
provision of this plan must file a timely written objection. This plan
may be confirmed without further notice or hearing unless written
objection is filed before the deadline stated on the separate notice you
should have received from the court.

Unless otherwise noted, all statutory references below are to Title 11
of the United States Code.

Unless otherwise noted, all references to "court" are to "The United
States Bankruptcy Court for the Western District of Missouri."

1.  **PLAN PAYMENT**

    a.  Debtor shall pay \$ per month from future earnings to the
        standing Chapter 13 trustee. All plan payments must be payable
        to "Richard V. Fink, Trustee"; must include the debtor's name
        and case number; and must be mailed to Richard V. Fink, Trustee,
        P.O. Box 1839, Memphis, TN 38101-1839. Except as otherwise
        provided in the confirmed plan or in the order confirming the
        plan, the trustee shall make payments to creditors under the
        plan. The trustee shall only make payments to creditors with
        filed and allowed claims. The manner of distribution to
        creditors is determined by the Chapter 13 trustee unless
        otherwise clearly set out in the plan as confirmed.

    b.  The plan payments shall commence within 30 days of the date that
        the petition is filed. If the plan provides for a voluntary wage
        assignment to an employer and the wage assignment has not gone
        into effect, timely payment is the debtor's responsibility. Once
        a plan is confirmed, that plan payment remains in effect until
        such time as the court confirms a subsequent amendment. If
        information is provided in the section for a voluntary wage
        assignment to employer, an order will be issued to the employer.
        The trustee also may cause an order to be issued to the debtor's
        employer pursuant to LR 3083-1H.

    c.  The debtor shall devote to the plan all of the debtor's
        disposable income for payment to unsecured creditors for the
        applicable commitment period from the date that the first plan
        payment is due, as defined in §1326(a)(1) unless the plan
        provides for payment in full of all allowed unsecured claims
        over a shorter period. Disposable income is defined in
        §§1325(b)(2) and (b)(3) and the applicable commitment period is
        defined in §1325(b)(4).

    d.  G Voluntary Wage Assignment to Employer:

  -------------- ------------ -------------- --------------- -------------
  Debtor's Name  Monthly      Employer's     Street address  City, state &
                 amount       name                           zip

                                                             

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

> G Direct payment: from debtor(s) to trustee

2.  **FILING PROOFS OF CLAIMS**

    a.  The trustee shall only distribute payments, including adequate
        protection payments, to creditors who have filed proofs of
        claim. If the plan provides for the debtor to make payments
        directly, then the failure of the creditor to file a proof of
        claim does not excuse the debtor from making the required direct
        payments. If the debtor is to make direct payments to a
        creditor, those payments must be paid pursuant to the terms of
        the contract regardless of whether the plan is confirmed.
        However, if the trustee is to pay any portion of a claim, then
        it is necessary for the creditor to file a proof of claim to
        receive the portion of the claim to be paid through the
        trustee's office. The trustee will distribute to creditors,
        absent other order of the court, based on the confirmed plan,
        filed and allowed proofs of claim, and the notice to allow
        claims and any subsequent notices to allow additional, adjusted
        or amended claims. LR-3084-1 and LR 3085-1.

    b.  The trustee shall mail payments to the address provided on the
        proof of claim unless the claimant provides another address in
        writing for payments to it. If the claim is assigned or
        transferred, the trustee shall continue to remit to the original
        claimant until an assignment or transfer of claim is filed with
        the court. The trustee shall continue to make payments to any
        creditor with a filed and allowed claim after an order granting
        relief from the stay is entered; or the stay is otherwise not in
        effect. The trustee shall cease making payments only after an
        objection is filed to the claim and an order is entered
        disallowing the claim; or until the creditor advises the trustee
        in writing to cease making payments to it.

3.  **ADMINISTRATIVE COSTS**

    a.  Pay debtor's attorney as indicated below and pay trustee's fee
        per 28 USC §586 and §1326. Trustee's fees shall be collected
        from each payment disbursed by the trustee regardless of whether
        it is paid pre- or post-confirmation. See 28 USC §586 and the
        orders of the court. Attorney fees paid from the plan payments
        must have a monthly payment amount listed below in an amount
        that does not cause the plan to violate §1322(a)(1). If no equal
        monthly amount is shown below, the trustee shall assign one
        pursuant to "2005 Standing Order No. 3" of the court.

  ----------------- ----------------- ----------------- -----------------
  Total attorney    Attorney fees     Attorney fees     Equal monthly
  fees              paid directly by  paid from the     amount¹ ("EMA")
                    the debtor        plan payments     

  \$                \$                \$                \$
  ----------------- ----------------- ----------------- -----------------

b.  Attorney fees paid from the plan payments will be paid pursuant to
    the above paragraph unless a different treatment is provided in
    paragraph 11 of this plan *and* the court issues a specific order
    regarding that proposed treatment. The confirmation of the plan
    without that separate, specific court order will not permit attorney
    fees to be paid contrary to the equal monthly amount specified
    above. All attorney fees paid contrary to this paragraph or other
    order of the court are subject to disgorgement.

```{=html}
<!-- -->
```
4.  **PRIORITY CLAIMS**

    a.  §1322(a)(2) provides that all claims entitled to priority under
        §507(a) shall be paid in full in deferred cash payments, except
        for a priority claim under §507(a)(1)(B), unless the holder of a
        particular claim agrees to a different treatment of such claim.
        All priority claims, regardless of the underlying basis for the
        claim, are similarly classed for purposes of distribution under
        this plan unless otherwise specified in paragraph 11 or other
        order of the court.

    b.  Domestic Support Obligation(s)² ("DSO"):

        i.  G None. If none, skip to subparagraph e below.

        ii. The name(s), address(es) and phone number(s), including area
            code, of the holder of any DSO as defined in §101(14A).
            Pursuant to §112 do not disclose the name of a minor child.
            Identify only as "Minor child #1, Minor child #2, etc.:

  ----------------- --------------------------- ---------- ---------------
  Name, DSO claim   Address, city & state       Zip code   Telephone
  holder                                                   number

                                                           

                                                           

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

iii. Debtor(s) shall pay all post-petition DSO claims directly to the
     holder of the claim and not through the Chapter 13 plan payments
     made to the Chapter 13 trustee.

```{=html}
<!-- -->
```
c.  Arrearages^4^ owed to DSO holders under §507(a)(1)(A).

    i.  G None. If none, skip to subparagraph d below.

    ii. The name(s), address(es) and phone number(s), including area
        code, of the holder of any DSO arrearage claim, estimated
        arrears and monthly payment. Pursuant to §112 do not disclose
        the name of a minor child. Identify only as "Minor child #1,
        Minor child #2, etc.:

  ------------------------------ -------------------- --------------------
  Name, address, phone number of Estimated Arrearage  EMA (if blank this
  DSO claim holder               Claim                claim will be paid
                                                      pro rata from funds
                                                      available for this
                                                      class after the
                                                      payment of creditors
                                                      with an EMA)

                                 \$                   \$

                                 \$                   \$

                                 \$                   \$
  ------------------------------ -------------------- --------------------

iii. DSO arrearages shall be paid from the Chapter 13 plan payments made
     to the Chapter 13 trustee.

```{=html}
<!-- -->
```
d.  DSO assigned to or owed to a governmental unit under §507(a)(1)(B):

    i.  G None. If none, skip to subparagraph e below.

    ii. The debtor shall pay all post-petition DSO assigned to a
        governmental unit directly to the assignee of the claim and not
        through the Chapter 13 plan payments made to the Chapter 13
        trustee.

    iii. The name(s), address(es) and phone number(s), including area
         code, of the holder of the assigned DSO arrearage claim,
         estimated arrearage claim and equal monthly amount or other
         special provisions shall be set out below. Any special
         provisions must also be clearly set out in paragraph 11 of the
         plan.

  ------------------------------ -------------------- --------------------
  Name, address, phone number of Estimated Arrearage  EMA or Special
  DSO claim holder               Claim                Provision (if blank
                                                      this claim will be
                                                      paid pro rata from
                                                      funds available for
                                                      this class after the
                                                      payment of creditors
                                                      with an EMA)

                                 \$                   

                                 \$                   

                                 \$                   
  ------------------------------ -------------------- --------------------

e.  Priority claims other than DSO's.

> All priority creditors, including DSO's, with a filed and allowed
> claim for whom an EMA is provided, shall be grouped for distribution
> purposes with any creditor for whom an EMA is provided, including
> secured claims and attorney's fees. All priority unsecured creditors,
> including DSO's, with a filed and allowed claim for whom an EMA is not
> provided, shall be grouped for distribution purposes with any secured
> creditor for whom an EMA is not provided.

  ------------------------------ -------------------- --------------------
  Name of non-DSO priority       Estimated priority   EMA (if blank this
  creditor                       claim                claim will be paid
                                                      pro rata from funds
                                                      available for this
                                                      class after the
                                                      payment of creditors
                                                      with an EMA)

                                 \$                   

                                 \$                   

                                 \$                   
  ------------------------------ -------------------- --------------------

5.  **RESIDENTIAL HOME MORTGAGES**

    a.  Use this section [only]{.underline} for the primary residence.
        All other long term debts³ should be dealt with in paragraph 6.

    b.  Pre-petition arrearage(s)^4^ will be paid from the plan
        payments. All pre-petition arrearages, whether scheduled or
        unscheduled, will be paid 0% interest pursuant to §1322(e)
        unless otherwise ordered by the court.

    c.  Residential home mortgages to be paid as long term debts
        pursuant to §1322(b)(5) and excepted from discharge pursuant to
        §1328(a)(1):

> G Post-petition payments are to be paid directly by debtor(s).
>
> G Post-petition payments are to be paid from the plan payments. (The
> trustee shall calculate post-petition payments to commence with the
> month the petition is filed unless the court orders otherwise.)

  ---------------------- ----------- -------------- ----------- -------------
  Mortgage lien holder   Regular     Total          Arrearage   EMA arrearage
                         monthly     pre-petition   interest    payment (if
                         payment     arrearage      rate        left blank
                                                                creditor will
                                                                be paid pro
                                                                rata)

                         \$          \$             zero        \$

                         \$          \$             zero        \$

                         \$          \$             zero        \$
  ---------------------- ----------- -------------- ----------- -------------

d.  Residential home mortgages to be paid in full during the life of the
    plan [from the plan payments:]{.underline}

    i.  A pre-petition arrearage will not be paid as a separate debt as
        it should be part of the principal balance claim which is being
        paid in full.

    ii. If no monthly payment is provided, the creditor will be paid pro
        rata.

  ----------------------------- ------------ ---------------- ------------
  Mortgage lien holder          Principal    Monthly payment  Interest
                                balance                       rate

                                \$           \$               \%

                                \$           \$               \%

                                \$           \$               \%
  ----------------------------- ------------ ---------------- ------------

6.  **LONG TERM DEBTS³ PURSUANT TO §1322(b)(5) AND EXCEPTED FROM
    DISCHARGE PURSUANT TO §1328(a)(1)**

    a.  All pre-petition arrearages, whether scheduled or unscheduled,
        will be paid 0% interest pursuant to §1322(e) unless otherwise
        ordered by the court.

> G Post-petition payments are to be paid directly by debtor(s).
>
> G Post-petition payments are to be paid from the plan payments.

  ---------------------- ----------- ----------- ----------- ---------------
  Creditor name          Regular     Total       Arrearage   EMA arrearage
                         monthly     arrearage   interest    payment (if
                         payment                 rate        left blank
                                                             creditor will
                                                             be paid pro
                                                             rata)

                         \$          \$          zero        \$

                         \$          \$          zero        \$

                         \$          \$          zero        \$

                         \$          \$          zero        \$
  ---------------------- ----------- ----------- ----------- ---------------

7.  **SECURED CREDITORS**

    a.  The holder of such a claim shall retain its lien, until the
        earlier of the payment of the underlying debt determined under
        non-bankruptcy law or the discharge under §1328 and if the case
        is dismissed or converted without completion of the plan the
        lien also shall be retained by such holder to the extent
        recognized by applicable non-bankruptcy law.

    b.  Pre-confirmation adequate protection payments:

        i.  Pursuant to the order of the court, all adequate protection
            payments to secured creditors required by §1326(a)(1) shall
            be made through the Chapter 13 trustee, unless otherwise
            ordered, in the amount of the equal monthly amount (EMA)
            provided in the plan for that creditor. Such payments shall
            be subject to the trustee's percentage fee as set by the
            designee of the United States Attorney General and shall be
            made in the ordinary course of the trustee's business, from
            funds on hand as funds are available for distribution to
            creditors who have a filed claim. A creditor shall not
            receive adequate protection payments if the plan does not
            provide for such creditor to be treated as secured in this
            paragraph. In order for such creditor to receive adequate
            protection payments, the debtor must amend the plan to so
            specify that creditor's treatment as secured and to provide
            an equal monthly amount for that creditor or the creditor
            must file an appropriate motion for adequate protection with
            the court and obtain an order. Creditors may file objections
            to the adequate protection treatment provided by the plan.

        ii. All creditors listed below in subparagraphs 7(c) and 7(d)
            shall receive adequate protection payments pursuant to
            §1326(a)(1), with the trustee releasing such payments to
            each creditor only after a proof of claim is on file.

    c.  Claims to which §506 valuation is not applicable:

        i.  Claims listed in this subsection consist of debts secured by
            a purchase money security interest in a vehicle acquired for
            the personal use of the debtor(s) for which the debt was
            incurred within 910 days of filing the bankruptcy petition,
            or, if the collateral for the debt is any other thing of
            value, the debt was incurred within 1 year of filing. See
            §1325(a)(5).

        ii. After confirmation of the plan, the trustee will pay to the
            holder of each allowed secured claim the equal monthly
            amount listed below with the appropriate discount rate.

        iii. [An equal monthly amount must be provided for creditors
             listed in this subparagraph.]{.underline}

  ---------------------- --------------- -------------- ------------------
  Creditor name,         Collateral      Discount rate  EMA through plan
  address, last four                                    
  digits of account                                     
  number                                                

                                         Local Rule     \$

                                         Local Rule     \$

                                         Local Rule     \$

                                         Local Rule     \$
  ---------------------- --------------- -------------- ------------------

d.  Claims to which §506 valuation is applicable:

    i.  Claims listed in this subsection consist of any claims secured
        by personal property not described in paragraph 7(c) above. The
        portion of any allowed claim that exceeds the value indicated
        below will be treated as a non-priority unsecured claim. See
        §§1325(a)(5) and 506(a).

    ii. After confirmation of the plan, the trustee will pay to the
        holder of each allowed secured claim the monthly payment listed
        below with the appropriate discount rate.

    iii. [An equal monthly amount must be provided for creditors listed
         in this subparagraph.]{.underline}

  ---------------------- ------------ --------------- ---------- -------------
  Creditor name,         Collateral   Value of        Discount   EMA payment
  address, last four                  collateral^5^   rate       through plan
  digits of account                                              
  number                                                         

                                      \$              Local Rule \$

                                      \$              Local Rule \$

                                      \$              Local Rule \$

                                      \$              Local Rule \$
  ---------------------- ------------ --------------- ---------- -------------

iv. Secured creditors with a non-purchase money security interest in
    consumer goods will be subject to lien avoidance per §522(f), and
    treated as non-priority unsecured only if a separate motion/action
    is filed and the court enters an order avoiding the lien.

```{=html}
<!-- -->
```
8.  **SECURED CREDITORS -- SURRENDER PER §1325(a)(5)(C)**

    a.  Debtor will surrender the following collateral no later than
        thirty (30) days from the filing of the petition unless
        otherwise specified in the plan. Any repossession/foreclosure
        prior to confirmation of this plan must be obtained by a filed
        motion and court order, unless the automatic stay no longer
        applies under §362(c). Upon plan confirmation, the automatic
        stay will be deemed lifted for the collateral identified below
        for surrender and the creditor need not file a Motion to Lift
        the Stay in order to repossess, foreclose upon or sell the
        collateral. Nothing herein is intended to lift any applicable
        co-debtor stay, or to abrogate debtor's state law contract
        rights.

    b.  If a deficiency claim is filed, it will be allowed unless the
        column titled \"Surrender In Lieu of Entire Debt" has a mark of
        any kind in it. If there is any mark in said column, the debt
        will be loaded as "surrendered in lieu of the entire debt,"
        including any non-priority unsecured portion.

  ---------------------------- --------------------- ---------------------
  Name of creditor             Collateral to be      Surrender in lieu of
                               surrendered           entire debt (leave
                                                     blank if a deficiency
                                                     claim is to be
                                                     allowed)

                                                     

                                                     

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

9.  **EXECUTORY CONTRACTS & UNEXPIRED LEASES**

    a.  Post-petition payments on executory contracts and unexpired
        leases which are assumed shall be paid directly by debtor(s).

    b.  Any pre-petition arrearages shall be cured by direct payments
        made by debtor(s).

  ------------------------ -------------------------- --------------------
  Creditor name            Property description       Accept or Reject

                                                      

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

10. **NON-PRIORITY UNSECURED CREDITORS**

    a.  All filed and allowed non-priority unsecured creditors generally
        will not receive any distribution required to be paid under this
        plan until after all secured and priority claims are satisfied
        and all long-term payments being paid through the trustee are
        current.

    b.  [Only]{.underline} choose [one]{.underline} of the following:

        i.  G A dividend of 100%, or

        ii. G A dividend of 0%, or

        iii. G A POT^6^ Plan -- select only one of the following
             options:

             1.  G Liquidation Analysis POT ("LAP")

> There is non-exempt equity of \$\_\_\_\_\_\_\_

2.  G Disposable Income POT -- 36 months ("DIP-36"^7^)

> The DIP-36 amount is \$\_\_\_\_\_\_ (\$\_\_\_\_\_\_ monthly disposable
> income x 36)

3.  G Disposable Income POT -- 60 months ("DIP-60"^8^)

> The DIP-60 amount is \$\_\_\_\_\_\_ (\$\_\_\_\_\_\_ monthly disposable
> income x 60)

4.  If there is both non-exempt equity and disposable income requiring a
    POT-36 or POT-60, the type of POT selected should be the greater of
    the amount of non-exempt equity or the POT required under a POT-36
    or POT-60.

```{=html}
<!-- -->
```
11. **OTHER REMARKS OR PROVISIONS**

Dated:

Chapter 13 Debtor:

Chapter 13 Debtor:

BY:

Attorney:

Attorney Address:

Attorney telephone number:

Attorney fax number:

¹ [Equal Monthly Amount (EMA)]{.underline}: formerly known as "fixed
monthly payments" or "permo's".

² [Domestic Support Obligation (DSO)]{.underline}: See §101(14A).

³ [Long Term Debt]{.underline}: A long term debt is one in which the
final payment due under the terms of the contract comes due after the
final Chapter 13 plan payment comes due.

^4^ [Arrearage]{.underline}: Any arrearages listed on the plan/plan
summary are the debtor's best estimate of the amount owed as of the date
of the petition. The trustee's office will pay arrearages based on the
filed and allowed proof of claim of the creditor pursuant to Local Rule
3084-1(G). If no arrearage amount is shown on the proof of claim none
shall be paid.

^5^ [Value of Collateral]{.underline}: The value of collateral listed on
the plan/plan summary is the debtor's best estimate. The trustee's
office uses the value listed on the face of the filed proof of claim, if
one is listed, pursuant to Local Rule 3084-1(D) when loading the proof
of claim. If the value of the collateral is not provided on the face of
the proof of claim nor in the plan, the claim will be treated as a
non-priority unsecured claim.

^6^ [POT]{.underline}: The filed and allowed non-priority unsecured
claimants will share pro rata any funds left in "The Pot" after the
satisfaction of the pre-petition attorney fees being paid from the plan
payments and the pre-petition filed and allowed priority unsecured
claims. If the pre-petition attorney fees being paid from the plan
payments and the filed and allowed priority unsecured claims are equal
to or greater than "The Pot", the filed and allowed non-priority
unsecured creditors shall share zero (0%). After the dividend has been
set by the trustee's office to comply with "The Pot", the trustee's
office will not adjust the percentage to accommodate proofs of claim and
amended proofs of claim filed and allowed after the bar date. It will be
the responsibility of the debtor to determine if there needs to be an
adjustment to the non-priority unsecured dividend. If the debtor
determines that an adjustment needs to be made, it will be the
responsibility of the debtor to determine an appropriate percentage and
file an amendment to the plan to set the dividend to that percentage.
Once the trustee's office has set the dividend based on "The Pot", any
amendment to the plan will need to reflect the dividend which has been
set or the amendment needs to provide a dividend that will comply with
the Bankruptcy Code and be at least the percentage that the non-priority
unsecured creditors have been paid as of the effective date of that
amended plan.

^7^ [DISPOSABLE INCOME POT - 36 MONTHS (DIP-36)]{.underline}: If the
debtor has disposable income as defined in §§1325(b)(2) and (b)(3) and
the applicable commitment period as defined in §1325(b)(4)(A) is three
(3) years, the DIP-36 will be the amount of the monthly disposable
income multiplied by 36.

^8^ [DISPOSABLE INCOME POT - 60 MONTHS (DIP-60)]{.underline}: If the
debtor has disposable income as defined in §§1325(b)(2) and (b)(3) and
the applicable commitment period as defined in §1325(b)(4)(A) is not
less than five (5) years, the DIP-60 will be the amount of the monthly
disposable income multiplied by 60.

BAPCPA_v1_0