Order Confirming Chapter 13 Plan And Related Orders (Page 2 of 3) in pdf

TXEB Local Form 3015-b [

Revised January 18, 2006]

previously valued by the Court. The Trustee’s Recommendation Concerning Claims shall be deemed to

be an objection to claims, a motion to value any such collateral, and an action to determine the validity

of each creditor’s security interest or an action to avoid any such security interest as set forth therein.

allowed only in the manner and amount listed in the Trustee’s Recommendation Concerning Claims,

and such treatment will be final and binding on all parties without further order of the Court.

(d) Responses or objections to the Trustee’s Recommendation Concerning Claims must be filed within

thirty (30) days from the date of service of the Trustee’s Recommendation Concerning Claims.

(e) The Trustee’s Recommendation Concerning Claims shall additionally contain notice of the bar date

for any additional objections to claims, which date is fixed at twenty-one (21) days following the date of

service of the Trustee’s Recommendation Concerning Claims.

II .(a) The Chapter 13 Trustee shall review all claims and the feasibility of the Plan prior to filing the

Trustee’s Recommendation Concerning Claims. If at that time the Plan is no longer feasible, the

Trustee shall notify the Debtor and his attorney, in writing, of the infeasibility of the Plan. If forty five

(45) days after the service of the Trustee’s Recommendation Concerning Claims the Plan remains

infeasible, the Trustee shall file a Motion to Modify the Plan and/or a Motion to Dismiss the case.

(b) Further, if at any time during the term of the Chapter 13 case, a claim is allowed which makes the

Plan infeasible, the Chapter 13 Trustee shall notify the Debtor and his attorney, in writing, of the

infeasibility of the Plan. If the Plan remains infeasible for forty five (45) days after such notice, the

Trustee shall file a Motion to Modify the Plan and/or an alternative Motion to Dismiss the case.

III. At the time of the issuance of an Order Confirming a Plan in this case, the time for filing claims in

this case may not have expired. Consequently, the Court specifically reserves the right in the future to:

(a). Alter or sustain an objection to the secured status of a claim filed as secured either before or after

the entry of this Order Confirming Plan, and value the collateral securing any such claim to the extent

not previously valued herein or otherwise by the Court;

(b). Enter a Final Order after notice and hearing on any responses or objections to the Trustee’s

Recommendation Concerning Claims, and on any additional objection(s) to claims timely filed by a party

in interest;

(c). At any time during the pendency of this case, entertain a motion to alter or sustain an objection to

the secured status of a claim filed as secured after the bar date for filing claims has expired, or to value

the collateral securing any such claim to the extent not previously valued by the Court.

(d). Reduce, if necessary to ensure compliance with LBR 2016(h), the amount of attorney fees to the

debtor’s attorney due to the absence of a certification from debtors attorney regarding legal services

provided pertaining to automatic stay litigation occurring in the case.

IV. All creditors having allowed secured claims (whether filed before or after an Order Confirming Plan

is entered) shall be treated in accordance with section 1325(a) (5), except as otherwise specifically set

forth herein. The collateral securing creditor’s claims provided for under the Debtor’s Plan is hereby

valued by the Court at the values set forth below.

(a). When the value of the collateral securing a timely filed proof of claim of any taxing authority differs

from the value shown on the Debtor’s Plan, the Trustee will use the value shown on the creditor’s proof

of claim. All parties will be noticed of this valuation through the Trustee’s Recommendation Concerning

Claims and disputed valuations may be resolved by the Court, by agreement or objection.

(b). In those instances where no objection was filed to Confirmation of the Debtor’s Plan contesting the

Debtor’s valuation of collateral securing a creditor’s claim. The value of such collateral is fixed at the

values provided in the Debtor’s Plan.

(c). In those instances, if any, where an objection was filed to the treatment of a creditors claim,

including the valuation of collateral as provided in the Debtor’s Plan, the Court through this order hereby

determines the treatment shall be as set forth in exhibit ‘A’ attached, if any.

Order Confirming Chapter 13 Plan And Related Orders Page 2

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