Free EXHIBIT A TO SC LBR 3015 1 - South Carolina


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EXHIBIT A TO SC LBR 3015-1 Effective for all Chapter 13 cases January 1, 2008. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF SOUTH CAROLINA IN RE: CASE NO: CHAPTER:

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NOTICE, CHAPTER 13 PLAN AND RELATED MOTIONS

Debtor(s). NOTICE OF: 1) DEADLINE FOR FILING OBJECTIONS TO CONFIRM ATION OF CHAPTER 13 PLAN; 2) M OTION FOR VALUATION; 3) M OTION TO AVOID CERTAIN LIENS; AND 4) ASSUM PTION OR REJECTION OF EXECUTORY CONTRACTS The following chapter 13 plan (the "Chapter 13 Plan") and related motions (the "Related Motions") have been filed in the above-captioned case. They will be considered at the Confirmation Hearing, notice of which is given in the Notice of Meeting of Creditors. Any objections to the confirmation of the plan, to the payment of attorney's fees in accordance with the distribution set forth herein, to the Motion to Value Security, to the Motion to Avoid Judicial Lien or to Avoid a Nonpurchase M oney, Nonpossessory Security Interest and Lien, or to the assumption or rejection of an executory contract, all as requested herein, must be made in writing, served upon the debtor(s), the undersigned counsel for the debtor(s), and filed with the Court, United States Bankruptcy Court, 1100 Laurel Street, Columbia, SC 29201, within twenty-five (25) days from the date of filing this Notice, Chapter 13 Plan and Related Motions. All objections must comply with South Carolina Local Bankruptcy Rule 9014-4 (SC LBR 9014-4). The Confirmation hearing is not required to be held unless a response, return, and/or objection is timely filed and served. The Notice and Chapter 13 Plan shall be served on or before the date they are filed with the Court and according to Federal Rules of Bankruptcy Procedure, Rules 3015 and 2002. Related Motions shall be served on or before the date of their filing with the Court and according to Federal Rules of Bankruptcy Procedure, Rule 7004. The Chapter 13 Plan and Related Motions propose to value the security of the following creditors: The Chapter 13 Plan and Related Motions propose to avoid a judicial lien or to avoid a nonpurchase money, nonpossessory security interest and lien of the following creditors: The Chapter 13 Plan and Related Motions propose the assumption of executory contracts as follows: NOTE THAT A FAILURE TO OBJECT TO CONFIRM ATION M AY CONSTITUTE AN IM PLIED ACCEPTANCE OF THE PLAN. REVIEW THE PLAN AND RELATED M OTIONS CAREFULLY TO DETERM INE TREATM ENT OF YOUR CLAIM If an objection is filed within twenty-five (25) days after the date of filing and such timely objection is filed before the Confirmation Hearing, the objection will be heard at the Confirmation Hearing, notice of which is given in the Notice of Meeting of Creditors. If an objection is filed within twenty-five (25) days after the date of filing and such timely objection is filed after the Confirmation Hearing, a hearing on the objection will be scheduled and notice of such hearing will be given. If no objection is timely filed in accordance with SC LBR 9014-4, the Court, upon the recommendation of the chapter 13 trustee and without further hearing or notice, may enter an order confirming the plan following the Meeting of Creditors (11 U.S.C. 341 meeting) and granting the other relief requested therein.

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NOTICE (TO BE COMPLETED ONLY IF FORM PLAN IS ALTERED) The plan below contains language that is in addition to that approved for use in the Chapter 13 Plans in the United States Bankruptcy Court for the District of South Carolina, or otherwise alters the approved Form Plan. Such language is highlighted by (state whether by bold type, italics, or underlining). The unapproved language referred to above appears in Paragraph . Parties wishing to object to the inclusion of unapproved language or any other provision of the plan should review the Notice, Chapter 13 Plan and Related Motions for the correct procedure to be followed. CHAPTER 13 PLAN AND RELATED M OTIONS 1. The future earnings and income of the debtor(s) are submitted to the supervision and control of the chapter 13 trustee, and the debtor(s) shall pay to the chapter 13 trustee the sum of $ per month for a period of ( ) months, or longer if necessary, for completion of this plan according to its terms, but not to exceed 60 months. The debtor's(s') total obligation under this plan will not be less than (the base amount), regardless of the unsecured dividend stated in paragraph 6. In addition to the above, the debtor(s) will pay any portion of a recovery under a pre-petition claim or cause of action, that constitutes disposable income or is not exempt, to the chapter 13 trustee. After the deduction from all disbursements of the allowed chapter 13 trustee's commission and expenses, the chapter 13 trustee shall make disbursements as follows: Fees and expenses of the attorney for the debtor(s) shall be treated as follows: (a) _____ The attorney for the debtor(s) has received $_________ in fees and costs prior to the filing of this case and has agreed to an additional fee and cost reimbursement in the amount of $__________, which latter sum shall be paid under this plan. Additional fees may be sought by Application under the Expedited Fee Procedure. (b) _____ The attorney for the debtor(s) has received a retainer and cost advance of $_________ prior to the filing of this case. The attorney has agreed to file fee applications for compensation and expenses in this case and will hold the retainer and cost advance in trust until fees and expense reimbursements are approved by the Court. For plan confirmation purposes only, the fees and expenses of counsel are estimated at $___________ or less. Following confirmation of the plan and unless the Court orders otherwise, the chapter 13 trustee shall disburse $500.00 to the attorney from the initial disbursement made by the chapter 13 trustee. 1 In addition to the initial disbursement by the chapter 13 trustee, the balance of the attorney's compensation as allowed under paragraphs (a) or (b) above and the terms of the Operating Order shall be paid, to the extent then due, with all funds remaining each month after payment to secured and domestic support creditors as set forth herein. In instances where an attorney assumes representation in pending pro se cases and a plan is confirmed, a separate order may be entered by the Court, without further notice, which allows for the payment of a portion of the attorney's fees in advance of payments to other creditors.

2.

3.

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The chapter 13 trustee shall not disburse more than the unpaid balance of the fee to be paid under the plan pursuant to (a), the balance of the fee previously applied for and authorized pursuant to (b), or the unpaid balance to be paid together with any supplemental fee then applied for and authorized under the terms of the Operating Order, as applicable.

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4.

Secured creditors will be treated as follows: (a) Long term or mortgage debt - ARREARAGE ONLY (including, but not limited to, all past due payments and escrow amounts), to be paid to at $ or more per month, along with % interest. Regular payments will be made directly by the debtor(s), beginning 20 . (b) Long term or mortgage debt - ARREARAGE ONLY (including, but not limited to, all past due payments and escrow amounts), to be paid to at $ or more per month, along with % interest. Regular payments will be made directly by the debtor(s), beginning 20 . (c) The liens of the following creditors shall be satisfied as follows:

Payments of $ or more per month, to until the net balance/value of the lien, plus % interest has been paid in full. If the lien is to be valued, the debtor(s) hereby move(s) to value the lien at $ in accordance with SC LBR 3015-1 and the notice attached hereto. The basis of the debtor's(s') value is as follows: valuation source, vehicle mileage (if applicable). Liens senior to the above-named creditor are held by the following creditors in the following amounts: . Payments of $ or more per month, to until the net balance/value of the lien, plus % interest has been paid in full. If the lien is to be valued, the debtor(s) hereby move(s) to value the lien at $ in accordance with SC LBR 3015-1 and the notice attached hereto. The basis of the debtor's(s) value is as follows: vehicle mileage (if applicable). Liens senior to the above-named creditor are held by the following creditors in the following amounts: . Payments of $ or more per month, to until the net balance/value of the lien, plus % interest has been paid in full. If the lien is to be valued, the debtor(s) hereby move(s) to value the lien at $ in accordance with SC LBR 3015-1 and the notice attached hereto. The basis of the debtor's(s) value is as follows: vehicle mileage (if applicable). Liens senior to the above-named creditor are held by the following creditors in the following amounts: . Secured tax debt: Payments of $ or more per month, to on its claim secured by a tax lien until the net balance/value of lien plus % interest has been paid in full. If the lien is to be valued, the debtor(s) hereby move(s) to value the lien at $ in accordance with SC LBR 3015-1 and the notice attached hereto. The basis of the debtor's(s) value is as follows: Liens senior to the above-named creditor are held by the following creditors in the following amounts: $ . Of the remaining tax claim, the amount of $ will be accorded priority unsecured tax status and the balance of the claim will be accorded general nsecured status and paid in accordance with paragraph 6(a) if a proof of claim is timely filed. (d) (e) Other secured debt(s) to be treated as follows: The following payments to mortgage creditors are current and the debtor(s) will continue making regular payments directly to:

(f) The debtor(s) hereby move(s) to avoid the following non-possessory, on-purchase-money security interest liens pursuant to 11 U.S.C. 522(f), and SC LBR 3015-1, and the notice attached hereto. If the debtor(s) intend(s) to avoid a security interest pursuant to other applicable sections of the United States Bankruptcy Code (Code), then the debtor(s) shall so state below and shall file and serve necessary pleadings on or before the date set for the initial meeting of creditors.

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Name of Creditor

Amount of Security Interest

Amount of Security Interest Not Avoided and to be Paid as Set in Paragraph 4(c) Above

(g) The debtor(s) hereby move(s) to avoid the following judicial liens pursuant to 11 U.S.C. 522(f), SC LBR 3015-1, and the notice attached hereto. If debtor(s) intend(s) to avoid a judicial lien pursuant to other applicable sections of the Code, the debtor(s) shall so state below and shall file and serve the necessary pleadings on or before the date set for the initial meeting of creditors.2 Name of Creditor Amt of Judicia l Lien [+] Total amt of All Other Amt of Exemption Claimed [=] Enter Amt [] Value Debtor=s Interest in Property Value of Judicial Lien to be Avoided Amt of Judicial Lien Not to be Avoided

5.

(a) All 11 U.S.C. 507(a)(1) priority creditors (pre-petition domestic support obligations) shall be treated as follows: To $ 2 and 3. , the pre-petition domestic support obligations shall be paid in full, by paying or more per month until the balance is paid in full, except as set forth in Paragraphs

All post-petition domestic support obligations will be paid by the debtor(s) outside the plan and shall be kept current. (b) Except as set forth in Paragraphs 2 and 3 and subsequent to the above, all other 11 U.S.C. 507 priority creditors (including, but not limited to, pre-petition taxes or other claims by governmental units) will have the allowed amounts of their pre-petition claims paid on a pro-rata basis. The debtor(s) shall pay all similar post-petition priority obligations to such creditors as they come due directly to such creditors. 6. Subsequent to the above, unsecured creditors will be treated as follows: (a) General unsecured creditors will be paid not less than % of their allowed claims, on a pro-rata basis. If no percentage is stated, then general unsecured claims will be paid100% of their allowed claims, on a pro-rata basis. If the unsecured claims are entitled to full payment on their claims plus interest, then interest shall be paid at the rate of %. (b) The following creditors who hold unsecured consumer claims with co-debtors will be paid % of their allowed claims plus ____ % interest on a pro-rata basis: . (c) The following creditors who hold unsecured claims of the kind specified in 11 U.S.C. 1328(a) will be paid _______ % of their allowed claims plus _____ % interest on a pro-rata basis:___________ .

In certain cases, the Court=s equity analysis for co-owned property pursuant to In re Ware, 274 B.R. 206 (Bankr. D.S.C. 2001) may be applicable. In such instances, the formula provided in Exhibit C to SC LBR 4003-1 may be utilized.

2

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7. The debtor(s) move(s) for the assumption of the executory contracts and leases listed below. The debtor agrees to abide by all terms of the agreements and to cure any pre-petition arrearage or defaults in the manner listed below. Creditor Amt of regular pmt Amt of Default (state if none) Cure Provisions Regular pmts and cure pmts paid by debtor(s)/by trustee

An executory contract or lease not specifically mentioned above is treated as rejected. 8. Upon confirmation of the plan, property of the estate will remain property of the estate, but title to the property shall revest in the debtor(s). W ith respect to secured claims being paid through the plan, the holders of secured claims shall retain liens until the earlier of payment of the underlying debt, as determined under non-bankruptcy law, or discharge under 11 U.S.C. 1328(a). If this case is dismissed or converted without completion of the plan, all liens shall be retained to the extent recognized by non-bankruptcy law. The terms of the debtor(s) pre-petition agreement with a secured creditor shall continue to apply except as provided for in this plan, the Order confirming the plan or other Order of the Court. Completion of all plan payments shall impose an affirmative duty on secured creditors paid under the plan to satisfy liens as required by applicable law. Any party entitled to collect child support or alimony under applicable non-bankruptcy law may collect post-petition obligations from the income or assets of the debtor-parent/spouse without further order or relief from the automatic stay. Any claim for pre-petition child support or alimony must be collected in accordance with 11 U.S.C. 507(a)(1) and 11 U.S.C. 1322(a)(2). To receive payment from the chapter 13 trustee, a secured creditor must file a proof of claim. Secured claims which are not filed within the time required by Fed. R. Bankr. P. 3002(c) may be disallowed or subordinated to other claims upon further order of the Court. Confirmation of this plan does not bar a party in interest from objecting to a claim which is not filed in accordance with Fed. R. Bankr. P. 3001 or Fed. R. Bankr. P. 3002. If property is to be released or otherwise surrendered pursuant to this plan, the creditors holding a lien on, or interest in, the property to be released must provide the chapter 13 trustee with acceptable evidence of perfection of the lien or interest, otherwise the property may not be released or surrendered. Any creditor holding a claim secured by property which is removed from the protection of the automatic stay, whether by judicial action, voluntary surrender, or through operation of the plan, will receive no further distribution from the chapter 13 trustee, unless an itemized proof of claim for any deficiency is filed within a reasonable time after the removal of the property from the protection of the automatic stay. The preceding language does not apply if the sole reason for its application arises under 11 U.S.C. 362(c)(3) or (c)(4). Any funds that would have been paid to such a creditor will be distributed to other creditors, unless the Court orders otherwise. This also applies to creditors who may claim an interest in, or lien on, property which is removed from the protection of the automatic stay by another lienholder or released to another lienholder, unless the Court orders otherwise. If a tax creditor files a claim which is allegedly a secured claim but does not timely object to confirmation of this plan, then the claim may be paid as a priority claim. If a claim is listed in the plan as secured, and the creditor files a proof of claim as an unsecured creditor, the creditor may be treated as unsecured for purposes of distribution under the plan. The debtor(s) will not incur indebtedness or sell property outside the ordinary course of business without permission of the Court.

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The debtor(s) is/are responsible for protecting the non-exempt value of all property of the estate and for protecting the estate from any liability resulting from operation of a business by the debtor(s). If a claim is scheduled as unsecured, and the creditor files a proof of claim alleging that the claim is secured, but does not timely object to the confirmation of the plan, then the creditor may be treated as unsecured for purposes of distribution under the Plan. This paragraph is not intended to limit the right of a creditor affected by this paragraph to seek relief from the stay or to object to the discharge of the debt. Nothing in this paragraph shall be deemed to affect the lien rights of the creditor except as otherwise specifically provided under the plan or by order of the Court. Nothing herein is intended to waive or affect adversely any rights of the debtor, chapter 13 trustee, or party with respect to any causes of action. 9. Pay order request or other plan provisions not inconsistent with the above: CERTIFICATE OF SERVICE The undersigned hereby certifies that he/she served the foregoing Notice, Plan and Related M otions on all creditors and parties in interest entitled to such notice. The parties served are individually listed on the accompanying list or mailing matrix.

Date:

BY: District Court I.D. Attorney for the Debtor/Pro Se Debtor

Debtor

Debtor

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