UNITED STATES BANKRUPTCY COURT

**FOR THE NORTHERN DISTRICT OF OHIO**

**EASTERN DIVISION**

**In Re:** ) **Chapter 13 Case No.: \_\_\_\_ - \_\_\_\_\_\_\_\_ -
\_\_\_\_**

)

) **Judge \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

)

Debtor(s). ) ⁬ **Original Chapter 13 Plan**

) ⁬ **Modified Chapter 13 Plan, dated
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

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**NOTICE: (Check One)**

> ⁬ **This plan DOES NOT include any provision deviating from the uniform
> plan in effect at the time of the filing of this case.**

⁬**This plan DOES contain special provisions that must be and are set
forth in Article 11 below.**

**YOUR RIGHTS WILL BE AFFECTED**. You should read this plan carefully
and discuss it with your attorney. Anyone who wishes to oppose any
provision of this plan must file with the court a timely written
objection. This plan may be confirmed and become binding without further
notice or hearing unless a timely written objection is filed.
**Creditors must file a proof of claim with the court in order to
receive distributions under this plan.**

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

1.  **PLAN PAYMENTS**

Within 30 days of the filing of this bankruptcy case, the Debtor or
Debtors (hereinafter "Debtor") shall commence making monthly plan
payments (the "Monthly Plan Payment") pursuant to 11 U.S.C. §1326(a)(1),
as follows:

A.  To the Chapter 13 Trustee (hereinafter "Trustee"):
    \$\_\_\_\_\_\_\_\_\_\_ \[A\] per month, payable in

⁬monthly ⁬ semi-monthly ⁬ bi-weekly ⁬ weekly installments of
\$\_\_\_\_\_\_\_\_\_\_ each,

**and**, unless the court otherwise orders,

B.  To secured creditors as adequate protection: \$\_\_\_\_\_\_\_\_\_\_
    \[B\] per month, allocated as follows:

> [Creditor]{.underline} [Collateral]{.underline} [Amount]{.underline}

Prior to confirmation, the Debtor shall provide the Trustee with
evidence of post-petition payments made by the Debtor to secured
creditors as adequate protection payments and to lessors as lease
payments.

Upon confirmation of this plan, the Debtor shall make the entire Monthly
Plan Payment of \$\_\_\_\_\_\_\_\_\_\_ \[A+B\] to the Trustee.

2.  **ORDER OF DISTRIBUTION**

After confirmation of this plan, funds available for distribution will
be paid monthly by the Trustee in the following order: (i) Trustee's
authorized percentage fee and/or administrative expenses; (ii) attorney
fees as allowed under applicable rules and guidelines; (iii) monthly
payments as provided for in Articles 3, 4 and 9; (iv) priority domestic
support obligation claims pursuant to 11 U.S.C. §507(a)(1); (v) other
priority unsecured claims pursuant to 11 U.S.C. §507(a); and (vi)
general unsecured claims. If the Trustee has received insufficient funds
from the Debtor to make the monthly payment to secured creditors, the
Trustee may pay secured creditor claims on a pro-rata basis. Unless a
claim objection is sustained, a motion to value collateral or to avoid a
lien is granted, or the court otherwise orders, distributions on account
of claims in Articles 3(A), 4(A), 5, 6, 7 and 9 will be based upon the
classification and amount stated in each claim holder's proof of claim
rather than any classification or amount stated in this plan.

3.  **CLAIMS SECURED BY REAL PROPERTY**

**A.** **Mortgage and Real Estate Tax Arrearages**

Trustee shall pay the monthly payment amount to allowed claims for
mortgage arrearages and real estate tax arrearages. Trustee will pay
interest on the mortgage arrearage if the proof of claim provides for
interest, unless an objection to the claim is filed and an order is
entered disallowing the requested interest. Debtor shall pay all
post-petition mortgage payments and real estate taxes as those payments
ordinarily come due beginning with the first payment due after the
filing of the case.

Estimated

Property Arrearage Monthly Payment

[Creditor]{.underline} [Address]{.underline} [Claim]{.underline} ([Paid
by Trustee)]{.underline}

**B.** **Other Real Estate Claims**

Trustee shall pay the monthly payment amount to creditors up to the
amount specified below to be paid through the plan. The portion of any
allowed claim that exceeds the amount to be paid through the plan shall
be treated as an unsecured claim.

Property Amount to be Paid Interest Monthly Payment

[Creditor]{.underline} [Address]{.underline} [Through the
Plan]{.underline} [Rate]{.underline} [(Paid by Trustee)]{.underline}

4.  **CLAIMS SECURED BY PERSONAL PROPERTY**

**A.** **Secured Claims to be Paid in Full Through the Plan:**

Trustee shall pay the following claims in full and in equal monthly
payments.

Collateral Claim Interest Monthly Payment

[Creditor]{.underline} [Description]{.underline} [Amount]{.underline}
[Rate]{.underline} ([Paid by Trustee)]{.underline}

**B.** **Secured Claims NOT to be Paid in Full Through the Plan:**

Claims specified below are debts secured by personal property not
provided for in Article 4(A) above. Trustee shall pay the allowed claims
the secured amount with interest and in equal monthly payments as
specified below. The portion of any allowed claim that exceeds the
secured amount will be treated as an unsecured claim. Upon confirmation,
the secured amount and interest rate specified below, or as modified,
will be binding pursuant to 11 U.S.C. §1327 unless a timely written
objection to confirmation is filed and sustained by the court.

Collateral Secured Interest Monthly Payment

[Creditor]{.underline} [Description]{.underline} [Amount]{.underline}
[Rate]{.underline} ([Paid by Trustee)]{.underline}

5.  **DOMESTIC SUPPORT OBLIGATIONS**

Debtor ⁬ does ⁬ does not have domestic support obligations pursuant to 11
U.S.C. §101(14A).

[If the Debtor does have domestic support obligations:]{.underline}

The holder(s) of any claims for domestic support obligations pursuant to
11 U.S.C. §1302(d) are as specified below. If the holder of a claim is a
minor, the name and address of the minor holder shall be disclosed to
the Trustee contemporaneously with the filing of this plan in compliance
with 11 U.S.C. §112.

Holder Address

[Name]{.underline} [& Telephone]{.underline}

Trustee shall pay pursuant to 11 U.S.C. §507(a)(1) on a pro-rata basis
the allowed arrearage claims for domestic support obligations. Debtor
shall pay all post-petition domestic support obligations as those
payments ordinarily come due.

Estimated

Creditor Creditor Arrearage

[Name]{.underline} [Address]{.underline} [Claim]{.underline}

6.  **OTHER PRIORITY CLAIMS**

Trustee shall pay pursuant to 11 U.S.C. §507(a) on a pro-rata basis
other allowed unsecured priority claims.

Claim

[Creditor]{.underline} [Amount]{.underline}

7.  **GENERAL UNSECURED CLAIMS**

Debtor estimates the total of the non-priority unsecured debt to be
\$\_\_\_\_\_\_\_\_\_\_\_\_\_. Trustee will pay to creditors with allowed
non-priority unsecured claims a pro-rata share of
\$\_\_\_\_\_\_\_\_\_\_\_ or \_\_\_\_%, whichever is greater.

8.  **PROPERTY TO BE SURRENDERED**

Debtor surrenders the following property no later than 30 days from the
filing of the case unless specified otherwise in the plan. The creditor
may file a claim for the deficiency and will be treated as a
non-priority unsecured creditor. Any unsecured deficiency claim must be
filed by the bar date for claims or allowed by separate order of the
court.

Property

[Creditor]{.underline} [Description]{.underline}

9.  **EXECUTORY CONTRACTS AND UNEXPIRED LEASES**

All executory contracts and unexpired leases are rejected except the
following, which are assumed. Trustee shall pay the monthly payment
amount to allowed claims for executory contract arrearages and unexpired
lease arrearages. Debtor shall pay all post-petition payments that
ordinarily come due beginning with the first payment due after the
filing of the case.

Estimated

Property Arrearage Monthly Payment

[Creditor]{.underline} [Description]{.underline} [Claim]{.underline}
[(Paid by Trustee)]{.underline}

10. **OTHER PLAN PROVISIONS**

\(a\) Property of the estate shall revest in the Debtor ⁬ upon
confirmation. ⁬ upon discharge, dismissal or completion. If the Debtor
has not marked one of the boxes, property of the estate shall revest in
the Debtor upon confirmation. If the Debtor has elected to have property
of the estate revest in the Debtor upon discharge or dismissal, the
Debtor must maintain adequate insurance of all property in the estate.
Unless otherwise ordered, the Debtor shall remain in possession of all
property of the estate during the pendency of this case.

\(b\) The treatment of the claims of creditors as set forth in this plan
shall become absolute upon confirmation, pursuant to 11 U.S.C. §1327.
Therefore, if a creditor or contract party named herein objects to this
plan, including the valuation of security, interest to be paid, and the
treatment of executory contracts and unexpired leases, a formal
objection to confirmation must be timely filed with the court.

\(c\) This plan incorporates 11 U.S.C. §1325(a)(5)(B)(i) with respect to
each allowed secured claim provided for by this plan.

\(d\) Notwithstanding the automatic stay, creditors and lessors provided
for in Articles 3(A) and 9 of this plan may continue to mail customary
notices or coupons to the Debtor.

\(e\) Debtor shall not transfer any interest in real property or incur
additional debt exceeding \$500 in the aggregate without prior notice to
the Trustee and without first obtaining the approval of the court as
stated in applicable Administrative Orders. Failure to comply with the
provisions of this paragraph may lead to the dismissal of this case or
the conversion of this case to Chapter 7.

11. **SPECIAL PROVISIONS**

This plan shall include the provisions set forth in the boxed area
below. **Note: The provisions set forth below will not be effective
unless there is a check in the second *notice box* preceding Article
1.**

DEBTOR DEBTOR

Date:

ATTORNEY FOR DEBTOR