**Uniform Plan**

**and**

**Motion for Valuation of Collateral**

CHAPTER 13 PLAN

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

(Date Must be Date that This Plan is Signed by Debtors)

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 8. **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         **Ending Month** **Amount of          **Total**
  Month**[^2]                          Monthly              
                                       Payment**            

                                                            

                                                            

                                                            

                                                            

                                                   Grand    
                                                   Total:   
  ------------------- ---------------- ----------- -------- -----------------

The first monthly payment is due not later than 30 days after the date
this case was filed. If the payments to be made by the chapter 13
trustee pursuant to paragraph 4 are adjusted in accordance with the Home
Mortgage Payment Procedures adopted pursuant to Bankruptcy Local Rule
3015(b) (whether on account of a change in any escrow requirement, a
change in the applicable interest rate under an adjustable rate
mortgage, or otherwise), the debtors' payments required by this
paragraph 1 will be automatically increased or decreased by the amount
of the increase or decrease in the paragraph 4 payments, adjusted as set
forth in the following sentence. The increase or decrease shall be
adjusted by an amount equal to the increase or decrease in the Posted
Chapter 13 Trustee Fee that is caused by the change. The Posted Chapter
13 Trustee Fee is the percentage fee posted on the Court's web site from
time to time. The chapter 13 trustee is authorized to submit an amended
wage withholding order or to amend any automated bank draft procedure to
satisfy the automatic increase or decrease.

A notice of any adjustment in the payment amount must be filed by the
chapter 13 trustee.

Except as otherwise ordered by the Court, payments to the chapter 13
trustee will be made pursuant to a wage withholding order or an
automated bank draft procedure with the chapter 13 trustee.

**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 Surrendered.** The
debtor surrenders 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 the Home Mortgage Payment Procedures adopted
pursuant to Bankruptcy Local Rule 3015(b). 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).

The Debtor must provide the information required by the chapter 13
trustee pursuant to the Home Mortgage Payment Procedures, prior to 5
business days after the date this Plan is proposed.

5.  **Debt Incurred within 910 Days Preceding Petition Date and Secured
    by a Lien on a Motor Vehicle or Debt Incurred within 1 Year
    Preceding Petition Date and Secured by Other Collateral for Which
    *[Full Payment]{.underline}*, with Interest, is Provided.** The
    following table sets forth each class of secured creditors holding a
    claim for a debt incurred within 910 days preceding the petition
    date and secured by a lien on a motor vehicle or for a debt incurred
    within 1 year preceding the petition date and secured by other
    collateral for which full payment is proposed. The amount listed as
    "Principal Amount of Claim" is an estimate of the actual allowed
    claim.

If the Court allows an actual allowed claim that is a different amount
than is shown below under "Principal Amount of Claim", the Plan shall be
deemed amended to pay the principal amount as allowed 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.

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 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).

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.

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

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

6.  **Debt Incurred within 910 Days Preceding Petition Date and Secured
    by a Lien on a Motor Vehicle or Debt Incurred within 1 Year
    Preceding Petition Date and Secured by Other Collateral for Which
    *[Less Than]{.underline}* Full Payment, with Interest, is
    Provided.** The following table sets forth each class of secured
    creditors holding a claim for a debt incurred within 910 days
    preceding the petition date and secured by a lien on a motor vehicle
    or for a debt incurred within 1 year preceding the petition date and
    secured by other collateral for which less than full payment is
    proposed. The amount listed as "Principal Amount of Claim" is an
    estimate of the actual allowed claim. The amount that will be paid
    under the plan is the amount, with interest, that pays the lesser
    of (i) the amount listed in the holder's proof of claim; or (ii) the
    amount listed as "Amount of Claim to be Paid Under Plan" (with the
    "Amount of Claim to be Paid Under Plan NOT adjusted to reflect the
    actual Allowed Amount of the Claim).

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

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.

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

                                                                                      

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

7.  **Secured Debts Paid in Accordance with Pre-Petition Contract (Use
    Only for Contracts on Which There is No Default).** The Debtor
    represents that there are no payment defaults on the contracts
    listed in this paragraph. 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**
  --------------- ---------------- ------------- -------------- ------------
                                                                

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

**8. 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 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 Amount 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 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).

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

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

                          

                          

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

**10. 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.

**11. 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:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

**12. 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.*

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

**14. 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.

**15. Plan Not Altered from Official Form.** By filing this plan,
debtor(s) and their counsel represent that the plan is in the official
form authorized by the Court. There are no addenda or other changes made
to the official form.

**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.

[^2]: When subsequent tables refer to "Month #", Month #1 is the
    Beginning Month referenced above.