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Form 13-5 Trustee:
11/22/2013
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF ILLINOIS
Marshall
Stearns
Meyer
Vaughn
In re: ) Case No. ____ B _________
)
________________________________________________, )
)
Debtors. )
□ Modified Chapter 13 Plan, dated ________
□ 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
________;
(b) their ages are ___________________; (c) total household monthly income is $____________: and (d)
total monthly household expenses are $ , leaving $ available monthly for plan pay-
ments.
2. The debtor's Schedule J includes $ ___________for charitable contributions; the debtor represents that the
debtor made substantially similar contributions for months prior to filing this case.
Section B
General
items
1. The debtor assumes only the 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
o
f 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 Sec-
tion 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
t
erms, extinguishing any right of the mortgagee to recover any amount alleged to have arisen prior to the fil-
ing of the petition.
(b) Costs of collection. Costs of collection, including attorneys’ fees, incurred by the holder after the filing
o
f this bankruptcy case and before the final payment of the cure amount specified in Paragraph 5 of Secti
on
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 Sec-
tion C or in Paragraph 2 of Section E, shall retain the lien until the earlier of (a) payment of the underlyin
g
de
bt determined under nonbankruptcy law, or (b) discharge under 11 U.S.C. § 1328, at which time the lie
n
sh
all terminate and be released by the creditor.
4. The debtor shall retain records, including all receipts, of all charitable donations listed in Schedule J.
Section C
Direct
payment of
claims by
debtor
□
The debtor will make no direct payments to creditors holding prepetition claims. /or/
□ The debtor will make current monthly payments, as listed in the debtor’s Schedule J-increased or de-
creased as necessary to reflect changes in variable interest rates, escrow requirements, collection costs, o
r
s
imilar matters-directly to the following creditors holding claims secured by a mortgage on the debtor’s rea
l
property:
Creditor: _______________________________________, monthly payment, $ ________________;
Creditor: , monthly payment, $ .
If this box is □ checked, additional direct mortgage payments are listed on the overflow page.
EASTERN DIVISION
1
2
Section D
Payments
by debtor
to the
trustee;
plan term
and
comple-
tion
1. Initial plan term. The debtor will pay to the trustee $_____________monthly for _______months
[and $___________monthly for an additional ______months], for total payments, during the initial plan
term, of $ . [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
no
t 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,
on
ly 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
Disburse-
ments by
the
trustee
The trustee shall disburse payments received from the debtor under this plan as follows:
1. Trustee's fees. Payable monthly, as authorized; estimated at ________% of plan payments; and during the
i
nitial plan term, totaling $ . [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 de-
creased by the trustee as necessary to reflect changes in variable interest rates, escrow requirements, or simi-
lar 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 no-
tify the debtor of any such change at least 7 days before putting the change into effect. Any current mort-
gage payment made by the debtor directly to the mortgagee shall be deducted from the amounts due to be
paid by the trustee under this plan.
(a) To creditor , monthly payments of $ .
These payments, over the term of the plan, are estimated to total $ _________.
(
b) To creditor _________________________________________ , mont
hly payments of $ ________________ .
These payme
nts, over the term of the plan, are estimated to total $ _________.
If this box □ is checked, additional current mortgage payments are listed on the overflow page.
The total of all current mortgage payments to be made by the trustee under the plan is estimated
to be $ . [Enter this amount on Line 2b of Section H.]
3.1. Other 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 the 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):
(a) Creditor: Collateral:
Amount of secured claim: $____________ APR ______%
Fixed monthly payment:
$__________;
Total estimated payments, including interest, on the claim:
$ ________________
□ Check if non-PMSI
(b) Creditor: Collateral:
Amount of secured claim:$ APR ______%
Fixed monthly payment:
$__________;
Total estimated payments, including interest, on the claim:
$ ________________
□ Check if non-PMSI
3
Section E
Disburse-
ments by
the
trustee
If this box □ is checked, additional secured claims are listed on the overflow page. [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 $_________________.
[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.
(a) Creditor: Collateral:
(b) Creditor: Collateral:
I
f this box □ is checked, additional claims covered by this paragraph are listed on the overflow page.
4. Priorit
y claims of debtor's attorney. Payable in amounts allowed by court order. The total claim of
debtor’s attorney is estimated to be $_____________.[Enter this amount on Line 2d of Section H.]
5. Mort
gage 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__________________________________________________________________ ,
arrears of $ _________ payable monthly
from available fund
s, 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 $ __________.
(b) To creditor____________________________________________________________________ ,
arrears of $ _________ 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 $ __________.
If this box □ is checked, additional mortgage arrearage payments are listed on the overflow page.
The total of all mortgage arrearage payments to be made by the trustee under the plan is estimated
to be $ . [Enter this amount on Line 2e of Section H.]
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 $ ________________________________. [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 se-
cured 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 a priority claim.
7. Specially classified unsecured claim. A special
class consisting of the following non-priority unsecure
d
c
laim: shall be paid at ________% of the allowed amount. The total of all payments to this special class is
estimated to be $ ____________________ . [Enter this amount on Line 2g of Section H.] Reason for the special
class: ___________________________________________________________________________________________________ _____ .
4
8.
General unsecure
d claims (GUCs). All allowed nonpriority unsecured claims, not specially classified, in-
cluding 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 _____________ % of their allowed amount.
[Enter minimum payment percentage on Line 4b of 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 pa
id on unsecured claims/or/ □ interest shall be paid on unsecured
claims, including priorit
y and specially classified claims, at an annual percentage rate of
___________%. [Complete Line 4d of Section H to reflect interest payable.]
Section F
Priority
The trustee shall pay the amounts specified in Section E of this Plan in the following order 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) prior-
ity 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
Special
terms
Notwithstanding anything to the contrary set forth above, this Plan shall include the provisions set forth in
the box following the signatures. The provisions will not be effective unless there 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)
(2) Estimated disbursements by the trustee for non-GUCs (gen-
eral unsecured claims):
(a) Trustee’s Fees $__________
(b) Current mortgage payments $__________
(c) Payments of other allowed secured claims $__________
(d) Priority payments to debtor’s attorney $__________
(e) Payments of mortgage arrears $__________
(f) Payments of non-attorney priority claims $__________
(g) Payments of specially classified unsecured claims $
(h) Total [add Lines 2a through 2g] $__________
(3) Estimated payments available for GUCs and interest during $__________
initial plan term [subtract Line 2h from Line 1]
(4) Estimated payments required after initial plan term:
(a) Estimated total GUCs, including unsecured defi- $__________
ciency claims under § 506(a)
(b) Minimum GUC payment percentage ______%
(c) Estimated minimum GUC payment [multiply line 4a $__________
by line 4b]
(d) Estimated interest payments on unsecured claims $__________
(e) Total of GUC and interest payments [add Lines 4c $__________
and 4d]
(f) Payments available during initial term [enter Line 3] $__________
(g) Additional payments required [subtract Line 4f from $__________
line 4e]
5
(5) Additional payments available:
(a) Debtor’s monthly payment less trustee’s fees and cur- $__________
rent mortgage payments made by the trustee
(b) Months in maximum plan term after initial term ______
(c) Payments available [multiply line 5a by line 5b] $__________
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/ _______________________________________ Date _____________________
Attorney
Informa-
tion
(name,
address,
telephone,
etc.)
Special Terms [as provided in Section G]
60
Overflow Page [Attach only if necessary]
Section C
Direct
payment
of claims
by debtor
Creditor: _______________________________________, monthly payment, $ ________________;
Creditor: _______________________________________, monthly payment, $ ________________.
Creditor: _______________________________________, monthly payment, $ ________________.
Section E
Disburse-
ments by
the
truste
2. Current mortgage payments.
(c) To creditor__________________________________________, monthly payments of $________.
These payments, over the term of the plan, are estimated to total $ _________.
(d) To creditor__________________________________________, monthly payments of $________.
These payments, over the term of the plan, are estimated to total $ _________.
(e) To creditor__________________________________________, monthly payments of $________.
These payments, over the term of the plan, are estimated to total $ _________.
3.1 Other claims secured by value in collateral.
(c) Creditor: _______________________________ Collateral: ________________________________
Amount of secured claim: $ ___________ APR ______%
□ Fixed monthly payment: $__________;
Total estimated payments, including interest, on the claim: $_________________. □ Check if non-PMSI
(d) Creditor: _______________________________ Collateral: ________________________________
Amount of secured claim: $___________APR ______%
□ Fixed monthly payment: $__________;
Total estimated payments, including interest, on the claim: $________________. □ Check if non-PMSI
(e) Creditor: _______________________________ Collateral: ________________________________
Amount of secured claim: $____________APR ______%
□ Fixed monthly payment: $__________;
Total estimated payments, including interest, on the claim: $__________________. □ Check if non-PMSI
(f) Creditor: _______________________________ Collateral: ________________________________
Amount of secured claim: $____________APR ______%
□ Fixed monthly payment: $__________;
Total estimated payments, including interest, on the claim: $__________________. □ Check if non-PMSI
3.2 Other secured claims treated as unsecured.
(c) Creditor: _______________________________ Collateral: ________________________________
(d) Creditor: _______________________________ Collateral: ________________________________
(e) Creditor: _______________________________ Collateral: ________________________________
(f) Creditor: _______________________________ Collateral: ________________________________
5. Mortgage arrears.
(c) To creditor___________________________________________________________________,
arrears of $_____________, 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 $____________.
(d) To creditor___________________________________________________________________,
arrears of $_____________, 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 $____________.
(e) To creditor___________________________________________________________________,
arrears of $_____________, 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 $____________.
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