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 UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

CHAPTER 13 PLAN (Individual Adjustment of Debts)

■

Original Plan 

Third Amended Plan (Indicate 1st, 2nd, etc. Amended, if applicable)

Modified Plan (Indicate 1st, 2nd, etc. Modified, if applicable)

DEBTOR: Timothy Sally JOINT DEBTOR: CASE NO.: 19-17664-LMI

SS#: xxx-xx- 6751 SS#: xxx-xxI. NOTICES 

To Debtors: Plans that do not comply with local rules and judicial rulings may not be confirmable. All plans, amended plans 

and modified plans shall be served upon all creditors and a certificate of service filed with the Clerk pursuant to 

Local Rules 2002-1 (C)(5), 3015-1(B)(2), and 3015-2. Debtor(s) must commence plan payments within 30 days of 

filing the chapter 13 petition or within 30 days of entry of the order converting the case to chapter 13. 

 To Creditors: Your rights may be affected by this plan. You must file a timely proof of claim in order to be paid. Your claim may 

be reduced, modified or eliminated. 

 To All Parties: The plan contains no nonstandard provisions other than those set out in paragraph VIII. Debtor(s) must check one 

box on each line listed below in this section to state whether the plan includes any of the following:

The valuation of a secured claim, set out in Section III, which may result in a 

partial payment or no payment at all to the secured creditor ■ Included Not included

Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set 

out in Section III Included ■ Not included

Nonstandard provisions, set out in Section VIII ■ Included Not included

II. PLAN PAYMENTS, LENGTH OF PLAN AND DEBTOR(S)' ATTORNEY'S FEE

A. MONTHLY PLAN PAYMENT: This Plan pays for the benefit of the creditors the amounts listed below, including trustee's 

fees of 10%, beginning 30 days from the filing/conversion date. In the event the trustee does not retain the full 10%, any unused 

amount will be paid to unsecured nonpriority creditors pro-rata under the plan:

1. $245.76 for months 1 to 60 ;

2. $0.00 for months to ;

3. $0.00 for months to ;

B. DEBTOR(S)' ATTORNEY'S FEE: ■ NONE PRO BONO

III. TREATMENT OF SECURED CLAIMS

A. SECURED CLAIMS: ■ NONE

[Retain Liens pursuant to 11 U.S.C. §1325 (a)(5)] Mortgage(s)/Lien on Real or Personal Property:

B. VALUATION OF COLLATERAL: NONE

IF YOU ARE A SECURED CREDITOR LISTED BELOW, THE PLAN SEEKS TO VALUE THE COLLATERAL 

SECURING YOUR CLAIM IN THE AMOUNT INDICATED. A SEPARATE MOTION WILL ALSO BE SERVED UPON 

YOU PURSUANT TO BR 7004 AND LR 3015-3.

1. REAL PROPERTY: NONE

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Debtor(s): Timothy Sally Case number: 19-17664-LMI

1. Creditor: American Investment 

Services, LLP

 Address: c/o Michael P. Cudlipp, Esq. 

12555 Biscayne Blvd., #785 

Miami, FL 33181

Last 4 Digits of Account No.:

Real Property

■ Principal Residence

Other Real Property

Address of Collateral:

1841 N W 67th Street 

Miami, FL 33147

mortgage payment listed in this section

Value of Collateral: $105,000.00 

Amount of Creditor's Lien: $53,373.59 

Interest Rate:

Check one below:

Escrow is included in the monthly

■ The debtor(s) will pay 

■ taxes ■ insurance directly

Payment 

Total paid in plan: $0.00 

 $0.00 /month (Months 1 to 60 )

2. VEHICLES(S): NONE

1. Creditor: AmeriCredit Financial 

Services, Inc. d/b/a GM 

Financial

 Address: PO Box 183853 

Arlington, TX 76096

Last 4 Digits of Account No.: 7465

VIN: 1GNKRFED5EJ280827

Description of Collateral:

2014 Chevrolet Traverse

Check one below:

Claim incurred 910 days or more prepetition ■

Claim incurred less than 910 days prepetition

Value of Collateral: $11,100.00 

Amount of Creditor's Lien: $16,825.64 

Interest Rate: 7.50%

Payment 

Total paid in plan: $13,345.00 

 $222.42 /month (Months 1 to 60 )

3. PERSONAL PROPERTY: ■ NONE

C. LIEN AVOIDANCE ■ NONE

D. SURRENDER OF COLLATERAL: Secured claims filed by any creditor granted stay relief in this section shall not receive a 

distribution fom the Chapter 13 Trustee.

■ NONE

E. DIRECT PAYMENTS: Secured claims filed by any creditor granted stay relief in this section shall not receive a distribution 

fom the Chapter 13 Trustee.

NONE

The debtor(s) elect to make payments directly to each secured creditor listed below. The debtor(s) request that upon 

confirmation of this plan the automatic stay be terminated in rem as to the debtor(s) and in rem and in personam as to any 

codebtor(s) as to these creditors. Nothing herein is intended to terminate or abrogate the debtor(s)' state law contract rights. 

■

Name of Creditor Last 4 Digits of Account No. Description of Collateral (Address, Vehicle, etc.)

1. Capital One Auto Finance 2417 2015 BMW X1 - VIN WBAVM1C52FV318363

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Debtor(s): Timothy Sally Case number: 19-17664-LMI

Name of Creditor Last 4 Digits of Account No. Description of Collateral (Address, Vehicle, etc.)

2. Wells Fargo Bank, National 

Association, As Trustee for 

Citigroup Mortgage Loan 

Trust, Series 2005-Opt4, 

Asset Backed Pass-Through 

Certificates, Series 2005-

OPT4

4499 1841 N W 67th Street 

Miami, FL 33147 - Homestead

IV. TREATMENT OF FEES AND PRIORITY CLAIMS [as defined in 11 U.S.C. §507 and 11 U.S.C. § 1322(a)(4)]

A. ADMINISTRATIVE FEES OTHER THAN DEBTORS(S)' ATTORNEY'S FEE: ■ NONE

B. INTERNAL REVENUE SERVICE: ■ NONE

C. DOMESTIC SUPPORT OBLIGATION(S): ■ NONE

D. OTHER: ■ NONE

V. TREATMENT OF UNSECURED NONPRIORITY CREDITORS

A. Pay $1.00 /month (Months 1 to 60 )

Pro rata dividend will be calculated by the Trustee upon review of filed claims after bar date.

B. If checked, the Debtor(s) will amend/modify to pay 100% to all allowed unsecured nonpriority claims.

C. SEPARATELY CLASSIFIED: ■ NONE

*Debtor(s) certify the separate classification(s) of the claim(s) listed above will not prejudice other unsecured nonpriority 

creditors pursuant to 11 U.S.C. § 1322.

VI. EXECUTORY CONTRACTS AND UNEXPIRED LEASES: Secured claims filed by any creditor/lessor granted stay relief in this 

section shall not receive a distribution from the Chapter 13 Trustee.

■ NONE

VII. INCOME TAX RETURNS AND REFUNDS: NONE

The debtor(s) is hereby advised that the chapter 13 trustee has requested that the debtor(s) comply with 521(f) 1-4 on an 

annual basis during the pendency of this case. The debtor(s) hereby acknowledges that the deadline for providing the 

Trustee with their filed tax returns is on or before May 15 of each year the case is pending and that the debtor(s) shall 

provide the trustee (but not file with the Court) with verification of their disposable income if their gross household income

increases by more than 3% over the previous year’s income. [Miami cases]

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VIII. NON-STANDARD PLAN PROVISIONS NONE

Nonstandard provisions must be set forth below. A nonstandard provision is a provision not otherwise included in the Local 

Form or deviating from it. Nonstandard provisions set out elsewhere in this plan are void.

■

Debtor has bare legal title of the 2015 BMW X1 - VIN WBAVM1C52FV318363, and Debtor's son will be making the payments 

directly to Creditor.

Mortgage Modification Mediation 

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Debtor(s): Timothy Sally Case number: 19-17664-LMI

Debtor

Timothy Sally Date

Attorney with permission to sign on 

Debtor(s)' behalf

/s/ Maria Alvarez

Date

8/9/2019

Joint Debtor

Date

PROPERTY OF THE ESTATE WILL VEST IN THE DEBTOR(S) UPON PLAN CONFIRMATION. 

 

I declare that the foregoing chapter 13 plan is true and correct under penalty of perjury. 

By filing this document, the Attorney for Debtor(s) or Debtor(s), if not represented by counsel, certifies that the wording and 

order of the provisions in this Chapter 13 plan are identical to those contained in Local Form Chapter 13 Plan and the plan 

contains no nonstandard provisions other than those set out in paragraph VIII.

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