IN THE UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF MISSOURI

In re: ) Case No. - - -13

)

) )

)

Debtor(s) )

**CHAPTER 13 PLAN AND PLAN SUMMARY FOR CASES FILED**

**ON OR AFTER OCTOBER 17, 2005**

□ Original plan

□ 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\. □ Voluntary Wage Assignment to Employer:

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

                                                             

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

□ 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.

**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\. □ 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 number
  holder                                                  

                                                          

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

> 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.

c\. Arrearages^4^ owed to DSO holders under §507(a)(1)(A).

i\. □ 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   Estimated Arrearage EMA (if blank this
  of 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.

d\. DSO assigned to or owed to a governmental unit under §507(a)(1)(B):

i\. □ 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  Estimated Arrearage EMA or Special
  of 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 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):

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

> □ 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 rate
                                balance                      

                                \$          \$               \%

                                \$          \$               \%

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

**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.

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

□ Post-petition payments are to be paid from the plan payments.

  ---------------------- ----------- ----------- ----------- ----------------
  Creditor name          Regular     Total       Arrearage   EMA arrearage
                         monthly     arrearage   interest    payment (if left
                         payment                 rate        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.

  ---------------------- --------------- ------------- ------------------
  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.

  ---------------------- ------------ --------------- ---------- --------------
  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.

**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 choose one of the following:

i\. □ A dividend of 100%, or

ii\. □ A dividend of 0%, or

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

1\. □ Liquidation Analysis POT ("LAP")

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

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

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

3\. □ 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.

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): formerly known as "fixed monthly payments"
or "permo's".

² Domestic Support Obligation (DSO): See §101(14A).

³ 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.

^4^ Arrearage: 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: 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: 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): 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): 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.

Instructions: File as a separate event no later than 15 days after case
filing.

ECF Event: Bankruptcy\>Plan\>Ch 13 Plan