Model Plan Trustee: Marshall Meyer

11/22/2013 Stearns Vaughn

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

In re: ) Case No. 16-30154

)

Philip Cavaliere, Jr. )

)

Debtors. ) Modified Chapter 13 Plan, dated January 19, 2017

A check in this box indicates that the plan contains special provisions, set out in Section G.

Otherwise, the plan includes no provisions deviating from the model plan adopted by the court at the

time of the filing of this case.

Section A.

Budget

items

1. As stated in the debtor’s Schedule I and J, (a) the number of persons in the debtor’s household

is 3 ; (b) their ages are 40 , 4 , 6 ; (c) total household monthly income is $ 6,526.00 ; and (d) total

monthly household expenses are $ 5,264.00 , leaving $ 1,262.00 available monthly for plan

payments.

2. The debtor’s Schedule J includes $ N/A for charitable contributions; the debtor represents that

the debtor made substantially similar contributions for N/A months prior to filing this case.

Section B.

General

items

1. The debtor assumes all unexpired leases and executory contracts listed in Section G of this

plan; all other unexpired leases and executory contracts are rejected. Both assumption and

rejection are effective as of the date of plan confirmation.

2. Claims secured by a mortgage on real property of the debtor, set out in Section C or in

Paragraph 2 of Section E of this plan, shall be treated as follows:

(a) Prepetition defaults. If the debtor pays the cure amount specified in Paragraph 5 of Section E,

while timely making all required postpetition payments, the mortgage will be reinstated

according to its original terms, extinguishing any right of the mortgagee to recover any amount

alleged to have arisen prior to the filing of the petition.

(b) Costs of collection. Costs of collection, including attorneys' fees, incurred by the holder after

the filing of this bankruptcy case and before the final payment of the cure amount specified in

Paragraph 5 of Section E may be added to that cure amount pursuant to order of the court on

motion of the holder.

3. The holder of any claim secured by a lien on property of the estate, other than a mortgage

treated in Section C or in Paragraph 2 of Section E, shall retain the lien until the earlier of (a)

payment of the underlying debt determined under nonbankruptcy law, or (b) discharge under 11

U.S.C. § 1328, at which time the lien shall terminate and be released by the creditor.

4. The debtor shall retain records, including all receipts, of all charitable donations listed in

Schedule J.

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Section C. The debtor will make no direct payments to creditors holding prepetition claims. /or/

Direct The debtor will make current monthly payments, as listed in the debtor's Schedule J--

payment of increased or decreased as necessary to reflect changes in variable interest rates, escrow

claims by requirements, collection costs, or similar matters--directly to the following creditors holding

debtor claims secured by a mortgage on the debtor’s real property:

Creditor: Seneca Mortgage Servic , monthly payment, $ 1,690.00

Creditor: Seterus Inc , monthly payment, $ 1,141.67

Section D.

Payments

by debtor

to the

trustee;

plan term

and

completion

1. Initial plan term. The debtor will pay to the trustee $ 1,262.00 monthly for 60 months [and

$ monthly for an additional months], for total payments, during the initial plan term, of

$ 75,720.00 . [Enter this amount on Line 1 of Section H.]

2. Adjustments to initial term. If the amount paid by the debtor to the trustee during the initial

plan term does not permit payment of general unsecured claims as specified in Paragraphs 8 and

9 of Section E, then the debtor shall make additional monthly payments, during the maximum

plan term allowed by law, sufficient to permit the specified payments.

3. Plan completion. The plan will conclude before the end of the initial term, as adjusted by

Paragraph 2, only at such time as all allowed claims are paid in full, with any interest required

by the plan /or/

 The plan will conclude before the end of the initial term at any time that the debtor pays to the

trustee the full amounts specified in Paragraphs 1 and 2.

Section E. The trustee shall disburse payments received from the debtor under this plan as follows:

Disbursements by 1. Trustee’s fees. Payable monthly, as authorized; estimated at 5.00% of plan payments; and

the trustee during the initial plan term, totaling $ 3,786.00 . [Enter this amount on Line 2a of Section H.]

2. Current mortgage payments. Payable according to the terms of the mortgage, as set forth

below, beginning with the first payment due after the filing of the case. Each of these payments

shall be increased or decreased by the trustee as necessary to reflect changes in variable interest

rates, escrow requirements, or similar matters; the trustee shall make the change in payments as

soon as practicable after receipt of a notice of the change issued by the mortgage holder, but no

later than 14 days after such receipt. The trustee shall notify the debtor of any such change at

least 7 days before putting the change into effect. Any current mortgage payment made by the

debtor directly to the mortgagee shall be deducted from the amounts due to be paid to the trustee

under this plan.

-NONEThe total of all current mortgage payments to be made by the trustee under the plan is estimated

to be $ 0.00 . [Enter this amount on Line 2b of Section H.]

3.1. Other secured claims secured by value in collateral. All secured claims, other than mortgage

claims treated above and claims treated in Paragraph 3.2, are to be paid in full during the plan

term, with interest at an annual percentage rates and in the fixed monthly amounts specified

below regardless of contrary proofs of claim (subject to reduction with the consent of the

creditor):

-NONE2

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[All claims in the debtor’s Schedule D, other than mortgages treated above and claims for which

the collateral has no value, must be listed in this paragraph.]

The total of all payments on these secured claims, including interest, is estimated to be $ 0.00 .

[Enter this amount on Line 2c of Section H.]

3.2 Other secured claims treated as unsecured. The following claims are secured by collateral

that either has no value or that is fully encumbered by liens with higher priority. No payment

will be made on these claims on account of their secured status, but to the extent that the claims

are allowed, they will be paid as unsecured claims, pursuant to Paragraphs 6 and 8 of this

section.

-NONE4. Priority claims of debtor’s attorney. Payable in amounts allowed by court order. The total

claim of debtor's attorney is estimated to be $ 4,000.00 . [Enter this amount on Line 2d of Section

H.]

5. Mortgage arrears. Payable as set forth below, regardless of contrary proofs of claim, except

that the arrears payable may be reduced either with the consent of the mortgagee or by court

order, entered on motion of the debtor with notice to the trustee and the mortgagee. Any such

reduction shall be effective 14 days after either the trustee's receipt of a notice of reduction

consented to by the mortgagee or the entry of a court order reducing the arrearage.

(a) To creditor Seneca Mortgage Servic , arrears of $ 49,010.00 , payable monthly from available

funds, pro rata with other mortgage arrears,

 without interest /or/ with interest at an annual percentage rate of %.

These arrearage payments, over the term of the plan, are estimated to total $ 49,010.00 .

(b) To creditor Seterus Inc , arrears of $ 17,767.60 , payable monthly from available funds, pro

rata with other mortgage arrears,

 without interest /or/ with interest at an annual percentage rate of %.

These arrearage payments, over the term of the plan, are estimated to total $ 17,767.60 .

6. Allowed priority claims other than those of the debtor’s attorney. Payable in full, without

interest, on a pro rata basis. The total of all payments on non-attorney priority claims to be made

by the trustee under the plan is estimated to be $ 0.00 . [Enter this amount on Line 2f of Section

H.] Any claim for which the proof of claim asserts both secured and priority status, but which is

not identified as secured in Paragraphs 2, 3.1, or 3.2 of this section, will be treated under this

paragraph to the extent that the claim is allowed as priority claim.

 7. Specially classified unsecured claim. A special class consisting of the following non-priority

unsecured claim: -NONE- shall be paid at N/A % of the allowed amount. The total of all

payments to this special class is estimated to be $ N/A . [Enter this amount on Line 2g of

Section H.]

Reason for the special class: N/A .

8. General unsecured claims (GUCs). All allowed nonpriority unsecured claims, not specially

classified, including unsecured deficiency claims under 11 U.S.C. § 506(a), shall be paid, pro

rata, in full, /or/ to the extent possible from the payments set out in Section D, but not less

than N/A % of their allowed amount. [Enter minimum payment percentage on Line 4b of

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Section H.] Any claim for which the proof of claim asserts secured status, but which is not

identified as secured in section C, or Paragraphs 2, 3.1, 3.2 or 5 of this section, will be treated

under this paragraph to the extent that the claim is allowed without priority.

9. Interest. Interest shall not be paid on unsecured claims /or/ interest shall be paid on

unsecured claims, including priority and specially classified claims, at an annual percentage rate

of 3.5 % [Complete Line 4d of Section H to reflect interest payable.]

Section F. The trustee shall pay the amounts specified in Section E of this Plan in the following order

Priority of priority, with claims in a given level of priority reduced proportionately in the event of

insufficient plan payments: (1) trustee’s fee; (2) current mortgage payments; (3) secured claims

listed in Section E, Paragraph 3.1; (4) priority claims of the debtor's attorney; (5) mortgage

arrears; (6) priority claims other than those of the debtor's attorney; (7) specially classified

non-priority unsecured claims; and (8) general unsecured claims.

Section G. Notwithstanding anything to the contrary set forth above, this Plan shall include the provisions

Special set forth in the box following the signatures. The provisions will not be effective unless there

terms is a check in the notice box preceding Section A.

Section H.

Summary

of payments to

and from

the

trustee

(1) Total payments from the debtor to the Chapter 13 trustee

(subject to Paragraph 2 of Section D) $ 75,720.00

(2) Estimated disbursements by the trustee for non-GUCs

(general unsecured claims):

(a) Trustee’s fees $ 3,786.00

(b) Current mortgage payments $ 0.00

(c) Payments of other allowed secured claims $ 0.00

(d) Priority payments to debtor’s attorney $ 4,000.00

(e) Payments of mortgage arrears $ 66,777.60

(f) Payments of non-attorney priority claims $ 0.00

(g) Payments of specially classified unsecured claims $ 0.00

(h) Total [add Lines 2a through 2g] $ 74,563.60

(3) Estimated payments available for GUCs and interest

during initial plan term [subtract Line 2h from Line 1] $ 1,156.40

(4) Estimated payments required after initial plan term:

(a) Estimated total GUCs, including unsecured deficiency

claims under § 506(a) $ 973.00

(b) Minimum GUC payment percentage 100 %

(c) Estimated minimum GUC payment [multiply line 4a by

line 4b] $ 973.00

(d) Estimated interest payments on unsecured claims $ 35.00

(e) Total of GUC and interest payments [add Lines 4c

and 4d] $ 1,008.00

(f) Payments available during initial term [enter Line 3] $ 1,156.40

(g) Additional payments required [subtract Line 4f from

Line 4e] $ -148.40

(5) Additional payments available:

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(a) Debtor's monthly payment less trustee's fees and

current mortgage payments made by the trustee $ N/A

(b) Months in maximum plan term after initial term N/A

(c) Payments available [multiply line 5a by line 5b] $ N/A

Section I.

Payroll

Control

 A check in this box indicates that the debtor consents to immediate entry of an order

directing the debtor's employer to deduct from the debtor's wages the amount specified in

Paragraph 1 of Section D and to pay that amount to the trustee on the debtor's behalf. If this is a

joint case, details of the deductions from each spouse's wages are set out in Section G.

Signatures Debtor(s) [Sign only if not represented by an attorney]

Date

Debtor's Attorney /s/ Joseph P. Doyle Date January 19, 2017

Attorney Information

(name, address,

telephone, etc.)

Joseph P. Doyle 6277393

Law Office of Joseph P. Doyle LLC

105 S. Roselle Road, Suite 203

Schaumburg, IL 60193

847-985-1100

Fax: 847-985-1126

Special Terms [as provided in Paragraph G]

1. No payment shall be made on any general unsecured claim that is not timely filed and the

debtor shall be discharged from the debt upon entry of a discharge in this case.

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