**UNITED STATES BANKRUPTCY COURT**

## NORTHERN DISTRICT OF GEORGIA 

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ DIVISION**

#### IN RE ) Case No:\_\_\_\_\_\_\_\_\_\_\_ 

> **)**
>
> **)** **Chapter 13**

**)**

Debtor **)**

## CHAPTER 13 PLAN 

**Extension ( ) Composition ( )**

**You should read this Plan carefully and discuss it with your attorney.
Confirmation of this Plan by the Bankruptcy Court may modify your rights
by providing for payment of less than the full amount of your claim, by
setting the value of the collateral securing your claim, and/or by
setting the interest rate on your claim.**

Debtor or Debtors (hereinafter called "Debtor") proposes this Chapter 13
Plan:

1\. **Submission of Income**. Debtor submits to the supervision and
control of the Chapter 13 Trustee ("Trustee") all or such portion of
future earnings or other future income of Debtor as is necessary for the
execution of this Plan.

2\. **Plan Payments and Length of Plan.** Debtor will pay the sum of
\$\_\_\_\_\_\_\_\_ per \_\_\_\_\_\_\_\_\_\_\_ to Trustee by \[ \]
Payroll Deduction(s) or by \[ \] Direct Payment(s) for the applicable
commitment period of \_\_\_\_\_ months, unless all allowed claims in
every class, other than long-term claims, are paid in full in a shorter
period of time. The term of this Plan shall not exceed sixty (60)
months. *See* 11 U.S.C. §§ 1325(b)(1)(B) and 1325(b)(4). Each
pre-confirmation plan payment shall be reduced by any pre-confirmation
adequate protection payment(s) made pursuant to Plan paragraph 6(A)(i)
and § 1326(a)(1)(C).

The following alternative provision will apply if selected:

\_\_\_ [If checked]{.smallcaps}, Plan payments will increase by \$ on ,
20\_\_ upon completion or termination of .

3\. **Claims Generally. The amounts listed for claims in this Plan are
based upon Debtor's best estimate and belief.** An allowed proof of
claim will be controlling, unless the Court orders otherwise. Objections
to claims may be filed before or after confirmation.

4\. **Administrative Claims**. Trustee will pay in full allowed
administrative claims and expenses pursuant to §507(a)(2) as set forth
below, unless the holder of such claim or expense has agreed to a
different treatment of its claim.

(A). **Trustee's Fees**. Trustee shall receive a fee for each
disbursement, the percentage of which is fixed by the United States
Trustee.

(B). **Debtor's Attorney's Fees**. The total attorney fee as of the date
of filing of the petition is \$ . The amount of \$ was paid prior to the
filing of the case. The balance of \$ will be paid as follows: \$ to be
paid at the initial disbursement following confirmation of the plan. \$
will be paid on a monthly basis until the fee is paid in full.

5\. **Priority Claims**.

(A). **Domestic Support Obligations**.

None. If none, skip to Plan paragraph 5(B).

> (i). Debtor is required to pay all post-petition domestic support
> obligations directly to the holder of the claim.
>
> (ii). The name(s) and address(es) of the holder of any domestic
> support obligation are as follows. *See* 11 U.S.C. §§ 101(14A) and
> 1302(b)(6).
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (iii). Anticipated Domestic Support Obligation Arrearage Claims
>
> (a). Unless otherwise specified in this Plan, priority claims under 11
> U.S.C. § 507(a)(1) will be paid in full pursuant to 11 U.S.C. §
> 1322(a)(2). These claims will be paid at the same time as claims
> secured by personal property, arrearage claims secured by real
> property, and arrearage claims for assumed leases or executory
> contracts.

None; or

+-----------------------+-----------------------+-----------------------+
| \(a\)                 | \(b\)                 | \(c\)                 |
|                       |                       |                       |
| Creditor              | Estimated arrearage   | Projected monthly     |
|                       |                       | arrearage payment     |
| (Name and Address)    | claim                 |                       |
+-----------------------+-----------------------+-----------------------+
|                       |                       |                       |
+-----------------------+-----------------------+-----------------------+
|                       |                       |                       |
+-----------------------+-----------------------+-----------------------+

> (b). Pursuant to §§ 507(a)(1)(B) and 1322(a)(4), the following
> domestic support obligation claims are assigned to, owed to, or
> recoverable by a governmental unit.
>
> None; or
>
> Claimant and proposed treatment:
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
>
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
>
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

(B). **Other Priority Claims (e.g., tax claims)**. These priority claims
will be paid in full, but will not be funded until after all secured
claims, lease arrearage claims, and domestic support claims are paid in
full.

+-----------------------------------+-----------------------------------+
| \(a\)                             | \(b\)                             |
|                                   |                                   |
| Creditor                          | Estimated claim                   |
+-----------------------------------+-----------------------------------+
|                                   |                                   |
+-----------------------------------+-----------------------------------+
|                                   |                                   |
+-----------------------------------+-----------------------------------+

6\. **Secured Claims**.

(A). **Claims Secured by Personal Property Which Debtor Intends to
Retain**.

> (i). **[Pre-confirmation adequate protection payments]{.underline}**.
> No later than 30 days after the date of the filing of this plan or the
> order for relief, whichever is earlier, the Debtor shall make the
> following adequate protection payments to creditors pursuant to
> § 1326(a)(1)(C). If the Debtor elects to make such adequate protection
> payments on allowed claims to the Trustee pending confirmation of the
> plan, the creditor shall have an administrative lien on such
> payment(s), subject to objection. If Debtor elects to make such
> adequate protection payments directly to the creditor, Debtor shall
> provide evidence of such payment to the Trustee, including the amount
> and date of the payment.
>
> Debtor shall make the following adequate protection payments:
>
> directly to the creditor; or
>
> to the Trustee pending confirmation of the plan.

+-----------------------+-----------------------+-----------------------+
| \(a\)                 | \(b\)                 | \(c\)                 |
|                       |                       |                       |
| Creditor              | Collateral            | Adequate protection   |
|                       |                       |                       |
|                       |                       | payment amount        |
+-----------------------+-----------------------+-----------------------+
|                       |                       |                       |
+-----------------------+-----------------------+-----------------------+
|                       |                       |                       |
+-----------------------+-----------------------+-----------------------+

> (ii). **[Post confirmation payments]{.underline}**. Post-confirmation
> payments to creditors holding claims secured by personal property
> shall be paid as set forth in subparagraphs (a) and (b). If Debtor
> elects to propose a different method of payment, such provision is set
> forth in subparagraph (c).
>
> (a). **[Claims to Which § 506 Valuation is NOT
> Applicable]{.underline}**. Claims listed in this subsection consist of
> debts secured by a purchase money security interest in a vehicle 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). After confirmation of the plan, the Trustee will pay to
> the holder of each allowed secured claim the monthly payment in column
> (f) based upon the amount of the claim in column (d) with interest at
> the rate stated in column (e). Upon confirmation of the plan, the
> interest rate shown below or as modified will be binding unless a
> timely written objection to confirmation is filed and sustained by the
> Court. Payments distributed by the Trustee are subject to the
> availability of funds.
>
> None; or

+-----------+-----------+-----------+-----------+-----------+-----------+
| \(a\)     | \(b\)     | \(c\)     | \(d\)     | \(e\)     | \(f\)     |
|           |           |           |           |           |           |
| Creditor  | C         | Purchase  | Claim     | Interest  | Monthly   |
|           | ollateral | date      | amount    | rate      | payment   |
+-----------+-----------+-----------+-----------+-----------+-----------+
|           |           |           |           |           |           |
+-----------+-----------+-----------+-----------+-----------+-----------+
|           |           |           |           |           |           |
+-----------+-----------+-----------+-----------+-----------+-----------+

> (b). **[Claims to Which § 506 Valuation is Applicable]{.underline}**.
> Claims listed in this subsection consist of any claims secured by
> personal property not described in Plan paragraph 6(A)(ii)(a). After
> confirmation of the plan, the Trustee will pay to the holder of each
> allowed secured claim the monthly payment in column (f) based upon the
> replacement value as stated in column (d) or the amount of the claim,
> whichever is less, with interest at the rate stated in column (e). The
> portion of any allowed claim that exceeds the value indicated below
> will be treated as an unsecured claim. Upon confirmation of the plan,
> the valuation and interest rate shown below or as modified will be
> binding unless a timely written objection to confirmation is filed and
> sustained by the Court. Payments distributed by the Trustee are
> subject to the availability of funds.
>
> None; or

+-----------+-----------+----------+-----------+-----------+-----------+
| \(a\)     | \(b\)     | \(c\)    | \(d\)     | \(e\)     | \(f\)     |
|           |           |          |           |           |           |
| Creditor  | C         | Purchase | Re        | Interest  | Monthly   |
|           | ollateral | date     | placement | rate      | payment   |
|           |           |          | value     |           |           |
+-----------+-----------+----------+-----------+-----------+-----------+
|           |           |          |           |           |           |
+-----------+-----------+----------+-----------+-----------+-----------+
|           |           |          |           |           |           |
+-----------+-----------+----------+-----------+-----------+-----------+

> (c). **Other provisions**.

(B). **Claims Secured by Real Property Which Debtor Intends to Retain**.
Debtor will make all post-petition mortgage payments directly to each
mortgage creditor as those payments ordinarily come due. These regular
monthly mortgage payments, which may be adjusted up or down as provided
for under the loan documents, are due beginning the first due date after
the case is filed and continuing each month thereafter, unless this Plan
provides otherwise. Trustee may pay each allowed arrearage claim at the
monthly rate indicated below until paid in full. Trustee will pay
interest on the mortgage arrearage if the creditor requests interest,
unless an objection to the claim is filed and an order is entered
disallowing the requested interest.

+-------------+--------------+--------------------+-------------------+
| \(a\)       | \(b\)        | \(c\)              | \(d\)             |
|             |              |                    |                   |
| Creditor    | Property     | Estimated          | Projected monthly |
|             | description  | pre-petition       | arrearage payment |
|             |              | arrearage          |                   |
+-------------+--------------+--------------------+-------------------+
|             |              |                    |                   |
+-------------+--------------+--------------------+-------------------+
|             |              |                    |                   |
+-------------+--------------+--------------------+-------------------+

(C). **Surrender of Collateral**. Debtor will surrender the following
collateral no later than thirty (30) days from the filing of the
petition unless specified otherwise in the Plan. Any claim filed by a
secured lien holder whose collateral is surrendered will be treated as
unsecured. Any involuntary 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.

+-----------------------------------+-----------------------------------+
| \(a\)                             | \(b\)                             |
|                                   |                                   |
| Creditor                          | Collateral to be surrendered      |
+-----------------------------------+-----------------------------------+
|                                   |                                   |
+-----------------------------------+-----------------------------------+
|                                   |                                   |
+-----------------------------------+-----------------------------------+

7\. **Unsecured Claims**. Debtor estimates that the total of general
unsecured debt not separately classified in Plan paragraph 10 is
\$\_\_\_\_\_\_\_\_\_. After all other classes have been paid, Trustee
will pay to the creditors with allowed general unsecured claims a pro
rata share of \$\_\_\_\_\_\_\_\_\_ or \_\_\_\_\_\_\_\_%, whichever is
greater. Trustee is authorized to increase this dollar amount or
percentage, if necessary, in order to comply with the applicable
commitment period stated in paragraph 2 of this Plan.

8\. **Executory Contracts and Unexpired Leases**. The following
executory contracts and unexpired leases are assumed, and payments due
after the filing of the case will be paid directly by Debtor, not
through Trustee, as set forth below in column (c).

Debtor proposes to cure any default by paying the arrearage on the
assumed leases or contracts in the amounts projected in column (d) at
the same time that payments are made to secured creditors. All other
executory contracts and unexpired leases of personal property are
rejected upon conclusion of the confirmation hearing.

None; or

+-----------------+-----------------+-----------------+-----------------+
| \(a\)           | \(b\)           | \(c\)           | \(d\)           |
|                 |                 |                 |                 |
| Creditor        | Nature of lease | Payment to be   | Projected       |
|                 | or executory    | paid directly   | arrearage       |
|                 | contract        | by Debtor       | monthly payment |
|                 |                 |                 | through plan    |
|                 |                 |                 | (for            |
|                 |                 |                 | informational   |
|                 |                 |                 | purposes)       |
+-----------------+-----------------+-----------------+-----------------+
|                 |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
|                 |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+

9\. **Property of the Estate**. Property of the estate shall not vest in
Debtor until the earlier of Debtor's discharge or dismissal of this
case, unless the Court orders otherwise.

10\. **Other Provisions**:

(A). **Special classes of unsecured claims**.

(B). **Other direct payments to creditors**.

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 20\_\_\_.

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

Debtor

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

Debtor's Attorney Debtor