UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF MISSOURI

**In Re: )**

**)**

**) Case No. - - -13 )**

**Debtor(s) )**

# CHAPTER 13 PLAN AND PLAN SUMMARY

> 1\. **PLAN PAYMENT:** Debtor to pay \$ per month from future earnings
> in the manner indicated below. 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 set out in the plan as confirmed.
>
> **PLAN PAYMENTS MUST BEGIN WITHIN 30 DAYS OF THE DATE THE ORIGINAL
> PLAN IS FILED WITH THE CLERK OF THE BANKRUPTCY COURT WHETHER OR NOT
> THE PLAN PROVIDES FOR WAGE DEDUCTION AND WHETHER OR NOT THE WAGE
> DEDUCTION HAS GONE INTO EFFECT. PAYMENT ON TIME 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 WAGE ORDER TO EMPLOYER,
> THE WAGE ORDER WILL BE ISSUED TO THE EMPLOYER. THE TRUSTEE ALSO MAY
> CAUSE A WAGE ORDER TO BE ISSUED TO THE DEBTOR'S EMPLOYER PURSUANT TO
> LR 3083-1H.**
>
> **THE DEBTOR SHALL DEVOTE TO THE PLAN ALL OF THE DEBTOR'S DISPOSABLE
> INCOME FOR THE THREE YEAR PERIOD FROM THE DATE THAT THE FIRST PLAN
> PAYMENT IS DUE PURSUANT TO 11 U.S.C. §1326(a)(1). THE DEBTOR SHALL PAY
> AT LEAST 36 MONTHLY PLAN PAYMENTS INTO THE PLAN UNLESS THE PLAN PAYS
> 100% TO ALL FILED AND ALLOWED CLAIMANTS.**

VOLUNTARY WAGE ASSIGNMENT TO EMPLOYER: DIRECT PAYMENT: From Debtor(s) to
Trustee

(Employer's Name, address, telephone number)

[( ) .]{.underline}

2\. **FILING PROOFS OF CLAIMS:** The trustee shall only distribute
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
notice to allow claims and any notices to allow additional or amended
claims. LR-3084-1 and LR 3085-1.

3\. **ADMINISTRATIVE COSTS:** Pay debtor(s) attorney as indicated below
and pay trustee's fee per 28 USC §586 and 11 USC §1326.

Attorneys Fees: \$ total attorney fees.

\$ attorney fees to be paid directly by the debtor.

\$ attorney fees to be paid from the plan payments.

**Attorney fees paid from the plan payments will be paid pursuant to the
Local Rules of the Bankruptcy Court**

**unless a different treatment is provided in paragraph 12 of this plan
*and* the Bankruptcy 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 Local Rules. All attorney fees paid contrary to the Local Rules
or other order of the Court are subject to disgorgement. LR 2016-1.**

4\. **SUPPORT:** Future support owed to is to be:

Paid directly to the recipient by the debtor(s).

Paid to recipient from the Plan payment at \$ per month.

Support arrearage of \$ is to be paid from Plan payments

at \$ per month.

5\. **RESIDENTIAL HOME MORTGAGES. (Use this section [ONLY]{.underline}
for the primary residence. All other long term debts\*\*\*\*\* should be
dealt with in paragraph 6.)**

> **PAID AS LONG TERM DEBTS PURSUANT TO 11 U.S.C. SECTION 1322(b)(5) AND
> EXCEPTED FROM DISCHARGE PURSUANT TO 11 U.S.C. SECTION 1328(a)(1):**
>
> **Pre-petition arrearages will be paid from the Plan payments.
> Unscheduled pre-petition arrearages will be paid the contract rate of
> interest, if the contract rate of interest is provided on the face of
> the proof of**
>
> **claim, otherwise they will receive the Local Rule Rate.**

Post-petition payments are to be paid directly by debtor(s).

Post-petition payments are to be paid from the Plan payments.

Mortgage Lien Holder Regular Total Arrearage Monthly

Monthly Pre-Petition Interest Arrearage

Payment Arrearage \*\*\* Rate Payment

> (If left blank the creditor will be paid "pro rata")

[(1) \$ \$ Contract % \$ .]{.underline}

[(2) \$ \$ Contract % \$ .]{.underline}

**RESIDENTIAL HOME MORTAGES TO BE PAID IN FULL DURING THE LIFE OF THE
PLAN FROM THE PLAN PAYMENTS:**

**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.** **(If no monthly payment
is provided, the creditor will be paid "pro rata.")**

**Mortgage lien Holder Principal Balance Monthly Payment Interest**

**Rate**

[(1) \$ \$ % .]{.underline}

[(2) \$ \$ % .]{.underline}

6\. **LONG TERM DEBTS\*\*\*\*\* PURSUANT TO 11 U.S.C. SECTION 1322(b)(5)
AND EXCEPTED FROM DISCHARGE**

**PURSUANT TO 11 U.S.C. SECTION 1328(a)(1):** To be paid from the plan
payments as follows:

> Monthly Payment

Creditor Name Regular Total Discount Through Plan

Payment Arrearage \*\*\* Rate On Arrearage

> (If left blank the creditor will be paid "pro rata")

[\$ \$ Local Rule \$ .]{.underline}

[\$ \$ Local Rule \$]{.underline} .

[\$ \$ Local Rule \$ .]{.underline}

##  \$ \$ Local Rule \$ .

(If any of the regular monthly payments set out in this paragraph are to
be paid directly, that direct treatment must be clearly indicated in
paragraph 12 of this plan. There must be a fixed monthly payment
provided for the "regular payment.")

7\. **SECURED CREDITORS:** Retain lien and pay to value per 11 USC
§1325(a)(5)(B)(i) & (ii) with any balance paid as non-priority
unsecured.

Creditor Name Value of Discount Rate Monthly Payment

Collateral \*\*\*\* Through Plan (if left

blank the creditor will be paid "pro rata")

[\$]{.underline} Local Rule [\$ .]{.underline}

[\$]{.underline} Local Rule [\$ .]{.underline}

[\$]{.underline} Local Rule [\$ .]{.underline}

[\$]{.underline} Local Rule [\$ .]{.underline}

[\$]{.underline} Local Rule [\$ .]{.underline}

Secured creditors with a non-purchase money security interest in
consumer goods will be subject to lien avoidance per

11 USC §522(f), and treated as non-priority unsecured if a separate
motion/action is filed and the Court enters an Order Avoiding the Lien.

8\. **SECURED CREDITORS:** Surrender per 11 USC §1325(a)(5)(C). 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 unsecured portion.

Creditor Name Surrender In Lieu

Of Entire Debt

9\. **PRIORITY UNSECURED CREDITORS:** Pay 100% in full per 11 USC
§1322(a)(2) and 11 USC §507.

Creditor Name Monthly Payment

(if left blank the creditor will be paid "pro rata")

[\$]{.underline} .

[\$ .]{.underline}

[\$ .]{.underline}

10\. **EXECUTORY CONTRACTS:**

Creditor Name Property Monthly Months Accept Payment Direct

Description Payment Remaining Reject or Through Trustee

[\$ .]{.underline}

[\$ .]{.underline}

11\. **NON-PRIORITY UNSECURED CREDITORS:** **[ONLY]{.underline}** choose
**[ONE]{.underline}** of the following:

A dividend of 100% **OR**

A dividend of 0% **OR**

This is a "POT" Plan**\*.** There is non-exempt equity of \$ .("The
POT").

**OR**

This is a "BASE" Plan**\*\***. The BASE is months of Plan payments.

12\. **OTHER REMARKS OR PROVISIONS:**

Dated:

Chapter 13 Debtor

Chapter 13 Debtor

BY:

Attorney

**POT PLANS -** 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 will
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's attorney to determine if there needs to be an adjustment to
the non-priority unsecured dividend. If the debtor's attorney determines
that an adjustment needs to be made, it will be the responsibility of
the debtor's attorney 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. If the plan runs less than 36 months with "The Pot"
amount, then the trustee may adjust the plan to a "Base Plan" of at
least 36 monthly payments.

**\*\*BASE PLANS -** Filed and allowed non-priority unsecured claimants
will share pro rata funds leftover after the payment of administrative
expenses, including Court fees, Trustee's fees and attorney's fees; the
payment of secured claims, including a discount rate; and priority
unsecured claims based on the base number of months of Plan payments.
("The Base"). Because the total funds paid into the Plan
**[must]{.underline}** be sufficient to satisfy the administrative
expenses, secured claims and priority unsecured claims, the Plan may
actually run longer than "The Base". "The Base" may be adjusted upward
to accommodate proofs of claim and amended proofs of claim filed and
allowed after the bar date and to accommodate increases in long-term
continuing debts being paid through the Plan payments. "The Base" may be
adjusted upward to accommodate orders granting post-confirmation
attorney fees and expenses paid from the plan payments. Notification
received by the Trustee's office of an increase in a long-term
continuing debt being paid through the Plan may result in "The Base"
being adjusted upward to accommodate the increased payment. Any
adjustments made because of the foregoing reasons that result in the
Plan running in excess of the sixty-month statutory time limit of
Section 1322(d) may result in the Trustee's office filing a motion to
dismiss. "The Base" may be adjusted at the end of the Plan in order to
allow a full monthly payment in the last month of the Plan to any
creditor receiving continuing payments through the Trustee's office.
"The Base" may be adjusted upward due to any additional funds the debtor
receives which are determined to be disposable income either by
agreement of the debtor and the trustee or by order of the Court
regardless of source. **If the debtor remits sufficient funds to the
trustee to payoff the case in full, e.g. 100% to all filed and allowed
unsecured creditors, the trustee may adjust the plan to a 100% plan
without further order of the Court.**

**\*\*\* ARREARAGE -** Any arrearages listed on the plan/plan summary
are the debtor's best estimate of the amount owed. 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).

**\*\*\*\* VALUE OF COLLATERAL --** 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.

\*\*\*\*\***LONG TERM DEBT --** 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.

Rev. 03/08/04