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 UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

CHAPTER 13 PLAN (Individual Adjustment of Debts)

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Original Plan 

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

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

DEBTOR: Tomas Martin Diaz JOINT DEBTOR: CASE NO.: 19-20402-LMI

SS#: xxx-xx- 5353 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. $508.21 for months 1 to 60 ;

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

Total Fees: $3650.00 Total Paid: $690.00 Balance Due: $2960.00 

Payable $296.00 /month (Months 1 to 10 )

Allowed fees under LR 2016-l(B)(2) are itemized below:

$3500 Attorneys Fees + $150 Cost = $3650

Applications for compensation must be filed for all fees over and above the Court's Guidelines for Compensation.

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

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.

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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

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Debtor(s): Tomas Martin Diaz Case number: 19-20402-LMI

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. 

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

1.

Ameri Credit/GM Financial 0930 2019 Chevrolet Traverse

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

Total Due: $9,616.21 Total Payment $9,616.21 

Payable: $160.27 /month (Months 1 to 60 )

C. DOMESTIC SUPPORT OBLIGATION(S): ■ NONE

D. OTHER: ■ NONE

V. TREATMENT OF UNSECURED NONPRIORITY CREDITORS

A. Pay $1.12 /month (Months 1 to 10 )

Pay $297.12 /month (Months 11 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

Unless provided for under a separate section, 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/lessors. Nothing 

herein is intended to terminate or abrogate the debtor(s)' state law contract rights. 

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Name of Creditor Collateral Acct. No. (Last 4 Digits) Assume/Reject

1.

ACAR Leasing LTD / GM 

Financial Leasing

2016 Chevy Equinox 5823

Assume ■ Reject

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

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Debtor(s): Tomas Martin Diaz Case number: 19-20402-LMI

Debtor

Tomas Martin Diaz Date

Attorney with permission to sign on 

Debtor(s)' behalf

/s/ Robert Sanchez, Esq.

Date

October 4, 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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