UNITED STATES BANKRUPTCY COURT

DISTRICT OF IDAHO

+--------------------------------------+-------------------------------+
| In Re:                               | Case No.                      |
|                                      |                               |
| Debtor(s)                            |                               |
+--------------------------------------+-------------------------------+

CHAPTER 13 PLAN AND RELATED MOTIONS

*This plan is proposed by the debtor. It contains provisions that may
significantly affect your rights. It contains matters, which if not
objected to, may be accepted by the court as true. Creditors cannot vote
on this plan. A creditor who wishes to oppose the plan and related
motions may do so by timely filing a written objection.* *Any objection
must be in writing, and must be filed with the court and served upon the
debtor, debtor's attorney, and the Chapter 13 trustee as follows (check
one):*

> \[ \] The Chapter 13 Plan was filed with the petition. Any objection
> must be filed and served by the time set for the sec. 341(a) meeting,
> within five (5) days thereafter, or as otherwise allowed by law.
> Absent any such objection, the court may confirm this plan, accept the
> valuations and allegations herein, and grant the motions without
> further notice or hearing.
>
> \[ \] The Chapter 13 Plan was not filed with the petition. Any
> objection must be filed
>
> and served no later than five (5) days prior to the time set for the
> confirmation hearing, or otherwise allowed by law.

*If a creditor files a timely written objection, that creditor must also
appear at the hearing on confirmation of the plan to assert the
objection or the objection may be denied without further notice or
hearing. The provisions of the confirmed plan will bind the debtor and
each creditor.*

**DISCHARGE: (Check One)**

> \[ \] The debtor is not eligible for a discharge of debts because the
> debtor has previously received a discharge described in 11 U.S.C. sec.
> 1328(f).
>
> \[ \] The debtor will seek a discharge of debts pursuant to 11 U.S.C.
> sec. 1328(a).

**NOTICE**: **(Check One)**

> \[ \] This Chapter 13 Plan and Related Motions contains all the
> standard language as approved by the U.S. Bankruptcy Court, District
> of Idaho. Except fill-in-the-blank sections, designated check boxes,
> or claim treatment within any table, there are no modifications to the
> court-approved language.
>
> \[ \] This Chapter 13 Plan and Related Motions contains language that
> is different from the standard plan as approved by the U.S. Bankruptcy
> Court, District of Idaho. An asterisk immediately preceding the
> section number designates a modified plan section. No asterisk is
> provided for any fill-in-the-blank sections, designated check boxes,
> or claim treatment within any table.

1\. **[PAYMENTS TO TRUSTEE]{.underline}.**

Such portion of the projected future earnings and income of the debtor
as is necessary for the execution of the plan is submitted to the
supervision and control of the Chapter 13 trustee for the duration of
this plan, to wit:

> 1.1 **PERIODIC PLAN PAYMENTS**. In addition to the payments provided
> under Sections 4.1, 6.1, 6.3, 6.4, and 8, debtor will pay to the
> trustee for a term, not exceeding \_\_\_\_\_ months the sum of
> \$\_\_\_\_\_\_\_\_\_\_ monthly. The debtor shall commence making
> payments proposed by the plan to the trustee no later than thirty (30)
> days after the date the bankruptcy petition is filed.

1.2 **INCOME TAX REFUNDS**. **(Check One)**

> \[ \] Debtor projects no income tax refunds during the term of this
> plan. As a result, no income tax refunds will be turned over to the
> trustee; OR
>
> \[ \] Debtor projects income tax refunds during the term of this plan.
> During the applicable commitment period of the plan, as defined in 11
> U.S.C. sec. 1325(b)(4), the debtor will turn over to the trustee all
> net income tax refunds. At any time during the term of the plan,
> debtor shall be entitled to use a tax refund to pay taxes due any
> other taxing authority; however, the debtor shall remit any net income
> tax refund balance to the trustee. Upon the trustee=s stipulation with
> the debtor and an order of the court, the debtor may retain, in whole
> or in part, certain net income tax refunds during the term of the plan
> to facilitate the terms of this plan or to meet other reasonable and
> necessary needs of the debtor.
>
> 1.3 **EARLY PAYOFF**. Debtor may not pay this plan in less than the
> applicable commitment period without notice to interested parties and
> an opportunity for hearing before the court.
>
> 1.4 **WAGE DEDUCTION ORDER**. Debtor acknowledges that if the debtor
> is ever more than thirty (30) days delinquent on any payment due under
> Section 1.1 of this plan, upon request of the trustee, a wage
> deduction order to debtors employer may immediately be issued.
>
> 1.5. **DEFERRAL OF PAYMENTS FOR CAUSE**. The trustee, for cause, may
> defer not more than two monthly payments per calendar year without
> further notice to parties or hearing before the court.

2\. **[POST-CONFIRMATION RECOVERY OF PROPERTY]{.underline}**.

Debtor elects as follows: **(Check One)**

> \[ \] The trustee shall retain the right, post confirmation, to
> recover moneys, to recover property and to avoid liens pursuant to 11
> U.S.C. sec. 541, et seq. Any such recovery or avoidance shall, when
> liquidated, be disbursed to creditors as additional disposable income,
> in accordance with 11 U.S.C. sec. 1325 (b); OR
>
> \[ \] The debtor has calculated the right to recover moneys, to
> recover property and to avoid liens pursuant to 11 U.S.C. sec. 541, et
> seq in the plan payment. As a result, the trustee shall not retain
> such further rights post confirmation.

3\. **[PROVISIONS FOR ADMINISTRATIVE AND PRIORITY CLAIMS.]{.underline}**

From the payments received, the trustee shall make disbursements of
allowed claims entitled to administrative and priority status under 11
U.S.C. sections 503 and 507 respectively, in deferred cash payments as
follows: Payment of certain assigned Domestic Support Order claims (11
U.S.C. sec. 507(a)(1)(B)) may be less than 100% as provided by 11 U.S.C.
sec. 1322 (a)(4).

3.1 **Domestic Support Obligations** (check all applicable boxes)

> \[ \] No Domestic Support Obligations are owed. Skip to Section 3.2
>
> \[ \] Allowed unsecured claims for Domestic Support Obligations
> allowed under 11 U.S.C. sec. 507(a)(1)(A) in equal monthly
> installments over the term of the plan
>
> \[ \] Allowed unsecured claims for Domestic Support Obligations
> allowed under 11 U.S.C. sec. 507(a)(1)(B) in equal monthly
> installments over the term of the plan. Total of payments if less than
> 100%: \$\_\_\_\_\_\_\_\_\_\_
>
> 3.2 **Trustee**. Fees to the trustee as provided by 28 U.S.C. sec.
> 586.
>
> 3.3 **Attorney**. Fees and costs to the debtor\'s attorney in the
> total amount of \$\_\_\_\_\_\_\_\_\_ in equal monthly installments
> over the initial \_\_\_\_\_\_\_ months.
>
> 3.4 **Taxes**. Unless the holder of the claim agrees otherwise, upon
> confirmation of the plan and the filing of an allowed claim, any
> allowed unsecured priority claims of governmental units shall be paid:
> **(Check One)**
>
> \[ \] During the initial \_\_\_\_\_\_\_\_ months of the plan; OR
>
> \[ \] In equal monthly installments over the term of the plan.

4\. **[PROVISIONS FOR CREDITORS HOLDING CERTAIN PURCHASE MONEY SECURED
CLAIMS.]{.underline}**

The claim of each of the following secured creditors who have a purchase
money interest securing a debt either 1) in a motor vehicle acquired for
the debtors personal use within 910 days prior to the filing of the
bankruptcy petition; or 2) in any other thing of value that was incurred
during one year prior to the date the bankruptcy petition was filed
shall be paid as follows:

> 4.1 **Certain Purchase Money Secured Claims Not in Default.** To those
> creditors who have Certain PMSI Claims whose rights are not being
> modified, the allowed secured claim of each shall be paid directly by
> debtor according to the terms of the outstanding agreements with each
> creditor as follows:

  -------------- ----------------- ------------ ------------ -------------
  CREDITOR       COLLATERAL        DATE OF      AMOUNT OF    MONTHLY
                 DESCRIPTION       CONTRACT     CLAIM        PAYMENT

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

> 4.2 **Modification of Rights (Other than Value) of Holders of Certain
> Purchase Money Secured Claims.** To each of the following named
> creditors holding Certain PMSI Claims, the allowed secured claim of
> each shall be paid as follows:
>
> The allowed secured claim shall be amortized at the rate of interest
> (simple interest, direct reducing) in equal monthly installments over
> the term of the plan.
>
> Secured creditors rights and claims will be modified in accordance
> with the terms provided herein and payments will be made to the
> creditor by the trustee.
>
> The debtor hereby MOVES the court for an order so fixing the treatment
> and/or the amount of the secured claim as follows:

  ---------- ------------- ---------- -------- -------------- ----------- -----------
  CREDITOR   COLLATERAL    CONTRACT   AMOUNT   MODIFIED       PROJECTED   PROJECTED
             DESCRIPTION   DATE       OF CLAIM PROVISION(S)   MONTHLY     TOTAL
                                               OF THE         PAYMENT     PAYMENTS
                                               CONTRACT                   

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

> If a secured creditor objects to this provision, debtor will ask the
> court, at the hearing on confirmation, to confirm the plan over the
> creditors objection.
>
> 4.3 **Surrender of Collateral Subject to Certain Purchase Money
> Secured Claims** The debtor shall surrender debtors interest in the
> collateral securing the PSMI claims of the following creditors. Unless
> the automatic stay has already been terminated by court order or
> applicable law, upon the entry of the order confirming this plan, the
> automatic stay imposed by 11 U.S.C. sec. 362(a) as against the
> creditors and collateral set forth below, shall be terminated pursuant
> to 11 U.S.C. sec. 362(d).

  -------------------------------------- --------------------------------
  CREDITOR                               COLLATERAL TO BE SURRENDERED

                                         

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

5\. **MODIFICATION OF RIGHTS OF HOLDERS OF OTHER SECURED CLAIMS.**

To each of the following named creditors, the full value of the allowed
secured claim held shall be paid by the trustee.

> 5.1 **Modification of Rights** Each creditor holding an allowed
> secured claim shall retain its lien on the collateral securing that
> claim until the earlier of 1) the payment of the underlying debt
> determined under nonbankruptcy law; or 2) discharge under 11 U.S.C.
> sec. 1328. If the case is dismissed or converted without completion of
> the plan, such lien shall be retained by the secured creditor to the
> extent recognized by applicable non bankruptcy law.
>
> The allowed secured claim shall be amortized at the rate of interest
> (simple interest, direct reducing), in equal monthly installments over
> the term of the plan.
>
> Any portion of the debt owed to a creditor in excess of the allowed
> secured claim will be treated in this plan as an unsecured claim.
> Subject to the terms of the order of confirmation of the plan, unless
> otherwise ordered by the court, payments shall commence from the
> trustee upon filing of an allowable claim.
>
> The projected total payments constitute the debtors best estimate of
> the total of all payments made to the secured creditor on the secured
> portion of such creditors claims. At the discretion of the trustee,
> allowed secured claims of \$500 or less may have payment accelerated.
>
> Secured creditors rights and claims will be modified in accordance
> with the terms provided for herein by debtor. Except as provided by 11
> U.S.C. sec. 1325(a)(5)(B)(i)(II), an order setting the secured portion
> of a claim, at less than the total amount of the entire claim, voids
> the creditors lien to the extent of the unsecured portion of the
> claim.

The debtor hereby MOVES the court for an order so fixing the amount of
the allowed secured claim as follows:

+---------------+------------+---------+-------+---------+----------+
| CREDITOR      | COLLATERAL | ALLOWED | RATE  | PR      | P        |
|               |            |         | OF    | OJECTED | ROJECTED |
|               | D          | SECURED |       |         |          |
|               | ESCRIPTION |         | INT   | MONTHLY | TOTAL    |
|               |            | CLAIM   | EREST |         |          |
|               |            |         |       | PAYMENT | PAYMENTS |
+---------------+------------+---------+-------+---------+----------+
|               |            |         |       |         |          |
+---------------+------------+---------+-------+---------+----------+

> If a secured creditor objects to this provision, debtor will ask the
> court, at the hearing on confirmation, to confirm the plan over the
> creditor\'s objection, pursuant to 11 U.S.C. sec. 1325(a)(5)(B).
>
> 5.2 **Curing of Default of Long Term Secured Claims.** To each of the
> below named creditors, the debtor does not propose to pay, in full,
> their allowed secured claim during the term of this plan. Each
> creditor shall retain its lien on the collateral securing the claim
> until the allowed secured claim is paid in full.
>
> The debtor will continue the regular monthly contract payments
> directly to the creditor pursuant to the contract terms. Each
> post-petition payment shall be paid by debtor as it comes due. The
> initial post-petition payment shall commence on the first full month
> following the filing of this bankruptcy by debtor.
>
> The default payments under this plan, shall be applied by creditor to
> the earliest payment for which a portion of the payment is due.
> Default payments shall commence upon filing of an allowable claim and
> subject to the terms of the order of confirmation of the plan. Unless
> otherwise provided, the frequency of payments shall be in equal
> monthly amounts, during the term of the plan. The total in default
> provided hereinafter represents the debtor's projection of the total
> amount necessary to cure the default. In the event that the creditor's
> allowed claim provides otherwise, the allowed claim shall control.
> Each creditor shall further be entitled to receive interest on their
> claim, as allowed by law. Such interest rate shall be the non-default
> contract rate of interest provided in the contract between each
> creditor and debtor.

  ----------------- -------------------- ----------- ----------- ----------
  CREDITOR          COLLATERAL           TOTAL IN    DEFAULT     RATE OF
                    DESCRIPTION          DEFAULT     PAYMENT     INTEREST

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

6\. **[DISBURSEMENTS DIRECTLY BY DEBTOR]{.underline}**.

Debtor shall make the following disbursements directly to creditors and
shall treat the following claims and obligations as indicated:

> 6.1 **Secured Claims Not in Default.** To secured creditors, whose
> rights are not being modified, that are not those Certain Purchase
> Money Secured Creditors set forth in Section 4 above, the secured
> claim of each shall be paid directly by debtor according to the terms
> of the outstanding agreements with each creditor. The debtor will pay
> these creditors directly as follows:

+----------------+------------------+-----------------+---------------+
| CREDITOR       | COLLATERAL       | ESTIMATED       | AMOUNT OF     |
|                |                  | BALANCE OWING   | PAYMENT MADE  |
|                | DESCRIPTION      |                 | DIRECTLY BY   |
|                |                  |                 | DEBTOR        |
+----------------+------------------+-----------------+---------------+
|                |                  |                 |               |
+----------------+------------------+-----------------+---------------+

> 6.2 **Surrender of Collateral by Debtor.** The debtor shall surrender
> debtor's interest in the collateral securing the claims of the
> following creditor. Unless the automatic stay has already been
> terminated by court order or applicable law, upon the entry of the
> order confirming this plan, the automatic stay imposed by 11 U.S.C.
> sec. 362(a) as against the creditors and collateral set forth below,
> shall be terminated pursuant to 11 U.S.C. sec. 362(d).

  ---------------------------------- ------------------------------------
  CREDITOR                           COLLATERAL TO BE SURRENDERED

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

> 6.3 **Payments to Lessors of Personal Property**. No later than thirty
> (30) days after the date the bankruptcy petition is filed, the debtor
> shall commence making payments scheduled in a lease of personal
> property directly to the lessor for that portion of the obligation
> that comes due after the filing of the bankruptcy petition. The debtor
> shall provide the trustee evidence of such payment, including the
> amount and date of payment.

  -------------------- ------------------------------- -------------------
  LESSOR               PERSONAL PROPERTY DESCRIPTION   LEASE PAYMENT

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

4.  **Pre-Confirmation Payments to Purchase Money Secured Creditors of
    Personal Property.** No later than thirty (30) days after the date
    the bankruptcy petition is filed, the debtor shall commence making
    payments on allowed claims of purchase money secured creditors of
    personal property in an amount sufficient to provide adequate
    protection, directly to the creditor until confirmation. The
    payments made under this subsection shall reduce the amount owed
    under the plan. The debtor shall provide the trustee evidence of
    such payment, including the amount and date of payment.

  ------------------------ -------------------------- --------------------
  CREDITOR                 COLLATERAL DESCRIPTION     ADEQUATE PROTECTION
                                                      PAYMENT

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

> 6.5 **Post Petition Tax Obligations** (check all that apply)
>
> \[ \] Real property taxes are being paid through escrow by debtor's
> mortgage holder.
>
> \[ \] Real property taxes are being paid by the debtor.
>
> \[ \] Personal property taxes are being paid by debtor

7\. **[PROVISIONS FOR UNSECURED CLAIMS.]{.underline}**

> 7.1 **Classification of Unsecured Claims.** Unless otherwise provided,
> the following unsecured claims will receive from the trustee the
> indicated dollar amounts, in equal monthly installments during the
> term hereof, on their allowed claim. Payments shall commence upon
> confirmation of this plan and filing of an allowed claim.

  ------------------------------------------------ ----------------------
  CREDITOR                                         AMOUNT TO BE PAID

  CLASS A - Co-signed claims owing to:             

  CLASS B - Other claims owing to:                 
  ------------------------------------------------ ----------------------

> 7.2 **General Unsecured Claims.** Upon confirmation, and at times
> consistent with the other provisions of this plan, the trustee will,
> from funds available after payment of priority and secured claims, pay
> pro-rata dividends to all creditors who have filed timely allowed
> unsecured claims.

8\. **[ASSUMPTION OR REJECTION OF UNEXPIRED LEASES AND/OR EXECUTORY
CONTRACTS]{.underline}**.

The debtor hereby MOVES for the approval of the assumption or rejection
(as applicable) of the following unexpired leases and/or executory
contracts in accordance with 11 U.S.C. sec. 365. For those lease(s)
and/or contract(s) assumed below, the debtor asserts the total in
default is as indicated and that the default shall be cured as set forth
below, pursuant to 11 U.S.C. sec. 365(b).

Payments on any assumed lease(s) and/or contract(s) due after the filing
of the bankruptcy petition shall be made directly by the debtor as set
forth below, and not through the trustee. Payments curing defaults on
any such assumed lease(s) and/or contract(s) shall be paid through the
trustee. In regard to any lease(s) and/or contract(s) rejected by the
debtor, unless the automatic stay has already been terminated by court
order or applicable law, upon the entry of the order confirming this
plan, the automatic stay shall be terminated as against the lease(s)
and/or contract(s) rejected and the creditors and property involved.

  ------------ ------------- --------- ---------- -------------- ----------
  CREDITOR     COLLATERAL    REJECT OR TOTAL IN   DEFAULT        PAYMENT
               DESCRIPTION   ASSUME    DEFAULT    PAYMENT PAID   MADE
                                                  BY TRUSTEE     DIRECTLY
                                                                 BY DEBTOR

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

9\. **[LIEN AVOIDANCE]{.underline}**

The debtor hereby MOVES, pursuant to 11 U.S.C. sec. 522(f)(1)(A) or (B),
Fed. R. Bankr. P. 4003(d), and LBR 4003.2, to avoid the liens of the
following creditors. Absent a timely written objection from the
creditor, the order of confirmation will avoid its lien, and its claim
will be treated under Section 7.2 of this plan.

10\. **[VESTING OF PROPERTY OF THE ESTATE]{.underline}:**

Subject only to the liens provided for in this plan and upon
confirmation of this plan, all property of the estate: **(Check One)**

> \[ \] Shall vest in the debtor; OR
>
> \[ \] Shall not vest in the debtor.

DATED this\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_20\_\_

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

DEBTOR

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

DEBTOR

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

ATTORNEY FOR THE DEBTOR(S)