UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

CHAPTER 13 PLAN - AMENDED

AND RELATED MOTIONS

Name of Debtor(s): Mossammat R. Khatun Case No: 15-13148

This plan, dated November 23, 2015 , is:

 the first Chapter 13 plan filed in this case.

 a modified Plan, which replaces the

confirmed or unconfirmed Plan dated Sept. 23, 2015.

Date and Time of Modified Plan Confirming Hearing:

January 14, 2016 at 1:30 P.M.

Place of Modified Plan Confirmation Hearing:

U.S. Bankruptcy Court, 200 S. Washington Street, 3rd Floor, Alexandria, VA 22314

The Plan provisions modified by this filing are:

#1, #4

Creditors affected by this modification are:

eCast Settlement Corporation

All unsecured creditors

NOTICE: YOUR RIGHTS WILL BE AFFECTED. You should read these papers carefully. If you

oppose any provision of this Plan, or if you oppose any included motions to (i) value collateral, (ii) avoid

liens, or (iii) assume or reject unexpired leases or executory contracts, you MUST file a timely written

objection.

This Plan may be confirmed and become binding, and the included motions in paragraphs 3, 6, and 7 to 

value collateral, avoid liens, and assume or reject unexpired leases or executory contracts may be 

granted, without further notice or hearing unless a written objection is filed not later than seven (7) days

prior to the date set for the confirmation hearing and the objecting party appears at the confirmation

hearing.

The debtor(s)' schedules list assets and liabilities as follows:

Total Assets: $319,350.00

Total Non-Priority Unsecured Debt: $100,284.19

Total Priority Debt: $0.00

Total Secured Debt: $305,000.00

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1. Funding of Plan. The debtor(s) propose to pay the trustee the sum of $1,497.00 Monthly for 60 months. Other payments to

the Trustee are as follows: NONE . The total amount to be paid into the plan is $ 89,820.00 .

2. Priority Creditors. The Trustee shall pay allowed priority claims in full unless the creditor agrees otherwise.

A. Administrative Claims under 11 U.S.C. § 1326.

1. The Trustee will be paid the percentage fee fixed under 28 U.S.C. § 586(e), not to exceed 10%, of all sums

disbursed except for funds returned to the debtor(s).

2. Debtor(s)' attorney will be paid $ 1,310.00 balance due of the total fee of $ 5,000.00 concurrently

with or prior to the payments to remaining creditors.

B. Claims under 11 U.S.C. §507.

The following priority creditors will be paid by deferred cash payments pro rata with other priority creditors or in

monthly installments as below, except that allowed claims pursuant to 11 U.S.C. § 507(a)(1) will be paid prior to

other priority creditors but concurrently with administrative claims above:

Creditor Type of Priority Estimated Claim Payment and Term

-NONE3. Secured Creditors: Motions to Value Collateral ("Cramdown"), Collateral being Surrendered, Adequate Protection

Payments, and Payment of certain Secured Claims.

A. Motions to Value Collateral (other than claims protected from "cramdown" by 11 U.S.C. § 1322(b)(2) or by

the final paragraph of 11 U.S.C. § 1325(a)). Unless a written objection is timely filed with the Court, the

Court may grant the debtor(s)' motion to value collateral as set forth herein.

This section deals with valuation of certain claims secured by real and/or personal property, other than claims protected from

"cramdown" by 11 U.S.C. § 1322(b)(2) [real estate which is debtor(s)' principal residence] or by the final paragraph of 11

U.S.C. § 1325(a) [motor vehicles purchased within 910 days or any other thing of value purchased within 1 year before filing

bankruptcy], in which the replacement value is asserted to be less than the amount owing on the debt. Such debts will be

treated as secured claims only to the extent of the replacement value of the collateral. That value will be paid with

interest as provided in sub-section D of this section. You must refer to section 3(D) below to determine the interest

rate, monthly payment and estimated term of repayment of any "crammed down" loan. The deficiency balance owed

on such a loan will be treated as an unsecured claim to be paid only to the extent provided in section 4 of the Plan.

The following secured claims are to be "crammed down" to the following values:

Creditor Collateral Purchase Date Est Debt Bal. Replacement Value

-NONEB. Real or Personal Property to be Surrendered.

Upon confirmation of the Plan, or before, the debtor(s) will surrender his/her/their interest in the collateral securing the claims

of the following creditors in satisfaction of the secured portion of such creditors' allowed claims. To the extent that the

collateral does not satisfy the claim, any timely filed deficiency claim to which the creditor is entitled may be paid as a

non-priority unsecured claim. Confirmation of the Plan shall terminate the automatic stay as to the interest of the debtor(s)

and the estate in the collateral.

Creditor Collateral Description Estimated Value Estimated Total Claim

-NONEPage 2of 6

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C. Adequate Protection Payments.

The debtor(s) propose to make adequate protection payments required by 11 U.S.C. § 1326(a) or otherwise upon claims

secured by personal property, until the commencement of payments provided for in sections 3(D) and/or 6(B) of the Plan, as

follows:

Creditor Collateral Description

Adeq. Protection 

Monthly Payment To Be Paid By

-NONEAny adequate protection payment upon an unexpired lease of personal property assumed by the debtor(s) pursuant to section

6(B) of the Plan shall be made by the debtor(s) as required by 11 U.S.C. § 1326(a)(1)(B) (payments coming due after the

order for relief).

D. Payment of Secured Claims on Property Being Retained (except only those loans provided for in section 5 of

the Plan):

This section deals with payment of debts secured by real and/or personal property [including short term obligations,

judgments, tax liens and other secured debts]. After confirmation of the Plan, the Trustee will pay to the holder of each

allowed secured claim, which will be either the balance owed on the indebtedness or, where applicable, the collateral's

replacement value as specified in sub-section A of this section, whichever is less, with interest at the rate provided below, the

monthly payment specified below until the amount of the secured claim has been paid in full. Upon confirmation of the

Plan, the valuation and interest rate shown below will be binding unless a timely written objection to confirmation is

filed with and sustained by the Court.

Creditor Collateral

Approx. Bal. of Debt or

"Crammed Down" Value

Interest 

Rate Monthly Paymt & Est. Term**

-NONEE. Other Debts.

Debts which are (i) mortgage loans secured by real estate which is the debtor(s)' primary residence, or (ii) other long term

obligations, whether secured or unsecured, to be continued upon the existing contract terms with any existing default in

payments to be cured pursuant to 11 U.S.C. § 1322(b)(5), are provided for in section 5 of the Plan.

4. Unsecured Claims.

A. Not separately classified. Allowed non-priority unsecured claims shall be paid pro rata from any distribution

remaining after disbursement to allowed secured and priority claims. Estimated distribution is

approximately 26 %. The dividend percentage may vary depending on actual claims filed. If this case were

liquidated under Chapter 7, the debtor(s) estimate that unsecured creditors would receive a dividend of

approximately 0 %.

B. Separately classified unsecured claims.

Creditor Basis for Classification Treatment

-NONEPage 3of 6

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5. Mortgage Loans Secured by Real Property Constituting the Debtor(s)' Primary Residence; Other Long Term

Payment Obligations, whether secured or unsecured, to be continued upon existing contract terms; Curing of any

existing default under 11 U.S.C. § 1322(b)(5).

A. Debtor(s) to make regular contract payments; arrears, if any, to be paid by Trustee. The creditors listed below

will be paid by the debtor(s) pursuant to the contract without modification, except that arrearages, if any, will be paid

by the Trustee either pro rata with other secured claims or on a fixed monthly basis as indicated below, without

interest unless an interest rate is designated below for interest to be paid on the arrearage claim and such interest is

provided for in the loan agreement.

Creditor Collateral

Regular

Contract

Payment

Estimated

Arrearage

Arrearage

Interest

Rate

Estimated

Cure Period

Monthly

Arrearage

Payment

Seterus Inc SFH at

5226 Fillmore Ave

Alexandria, VA 22311

1,949.00 78,184.00 0% 59 months Prorata

B. Trustee to make contract payments and cure arrears, if any. The Trustee shall pay the creditors listed below the

regular contract monthly payments that come due during the period of this Plan, and pre-petition arrearages on such

debts shall be cured by the Trustee either pro rata with other secured claims or with monthly payments as set forth

below.

Creditor Collateral

Regular

Contract

Payment

Estimated

Arrearage

Interest

Rate

Term for

Arrearage

Monthly

Arrearage

Payment

-NONEC. Restructured Mortgage Loans to be paid fully during term of Plan. Any mortgage loan against real estate

constituting the debtor(s)' principal residence upon which the last scheduled contract payment is due before the final

payment under the Plan is due shall be paid by the Trustee during the term of the Plan as permitted by 11 U.S.C. §

1322(c)(2) with interest at the rate specified below as follows:

Creditor Collateral

Interest

Rate

Estimated

Claim Monthly Paymt& Est. Term**

-NONE6. Unexpired Leases and Executory Contracts. The debtor(s) move for assumption or rejection of the executory contracts and

leases listed below.

A. Executory contracts and unexpired leases to be rejected. The debtor(s) reject the following executory contracts.

Creditor Type of Contract

-NONEB. Executory contracts and unexpired leases to be assumed. The debtor(s) assume the following executory

contracts. The debtor agrees to abide by all terms of the agreement. The Trustee will pay the pre-petition

arrearages, if any, through payments made pro rata with other priority claims or on a fixed monthly basis as indicated

below.

Creditor Type of Contract Arrearage

Monthly

Payment

for Arrears

Estimated

Cure Period

-NONEPage 4of 6

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7. Liens Which Debtor(s) Seek to Avoid.

A. The debtor(s) move to avoid liens pursuant to 11 U.S.C. § 522(f). The debtor(s) move to avoid the following

judicial liens and non-possessory, non-purchase money liens that impair the debtor(s)' exemptions. Unless a written

objection is timely filed with the Court, the Court may grant the debtor(s)' motion and cancel the creditor's

lien. If an objection is filed, the Court will hear evidence and rule on the motion at the confirmation hearing.

Creditor Collateral Exemption Amount Value of Collateral

-NONEB. Avoidance of security interests or liens on grounds other than 11 U.S.C. § 522(f). The debtor(s) have filed or

will file and serve separate pleadings to avoid the following liens or security interests. The creditor should review

the notice or summons accompanying such pleadings as to the requirements for opposing such relief. The listing

here is for information purposes only.

Creditor Type of Lien Description of Collateral Basis for Avoidance

-NONE8. Treatment and Payment of Claims.

• All creditors must timely file a proof of claim to receive payment from the Trustee.

• If a claim is scheduled as unsecured and the creditor files a claim alleging the claim is secured but does not timely

object to confirmation of the Plan, the creditor may be treated as unsecured for purposes of distribution under the

Plan. This paragraph does not limit the right of the creditor to enforce its lien, to the extent not avoided or provided

for in this case, after the debtor(s) receive a discharge.

• If a claim is listed in the plan as secured and the creditor files a proof of claim alleging the claim is unsecured, the

creditor will be treated as unsecured for purposes of distribution under the Plan.

• The Trustee may adjust the monthly disbursement amount as needed to pay an allowed secured claim in full.

9. Vesting of Property of the Estate. Property of the estate shall revest in the debtor(s) upon confirmation of the Plan.

Notwithstanding such vesting, the debtor(s) may not sell, refinance, encumber real property or enter into a mortgage loan

modification without approval of the Court after notice to the Trustee, any creditor who has filed a request for notice and

other creditors to the extent required by the Local Rules of this Court.

10. Incurrence of indebtedness. The debtor(s) shall not voluntarily incur additional indebtedness exceeding the cumulative total

of $5,000 principal amount during the term of this Plan, either unsecured or secured against personal property, except upon

approval of the Court after notice to the Trustee, any creditor who has filed a request for notice, and other creditors to the

extent required by the Local Rules of this Court.

11. Other provisions of this plan:

Signatures:

Dated: November 23, 2015

/s/ Mossammat R. Khatun /s/ Januario G. Azarcon

Mossammat R. Khatun Januario G. Azarcon 22810

Debtor Debtor's Attorney

Exhibits: Copy of Debtor(s)' Budget (Schedules I and J);

Matrix of Parties Served with Plan

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Certificate of Service

I certify that on November 23, 2015 , I mailed a copy of the foregoing to the creditors and parties in interest on the attached

Service List.

/s/ Januario G. Azarcon

Januario G. Azarcon 22810

Signature

10605 B2 Judicial Drive

Fairfax, VA 22030

Address

(703) 893 0760

Telephone No.

Ver. 09/17/09 [effective 12/01/09]

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