Notice, Chapter 13 Plan, Motions To Value Security, Avoid Judicial Lien, Avoid A Nonpurchase-Money, Nonpossessory Security Interest And Lien, And/or To Assume Or Reject An Executory Contract/unexpired Lease (Page 2 of 5) in pdf

Notice, Chapter 13 Plan, Motions To Value Security, Avoid Judicial Lien, Avoid A Nonpurchase-Money, Nonpossessory Security Interest And Lien, And/or To Assume Or Reject An Executory Contract/unexpired Lease Page 2

B. Judicial Lien: The debtor moves, pursuant to 11 U.S.C. § 522(f), to avoid the following judicial lien:

Name of

Estimated

Total of all

Applicable

Value of the

Judicial lien

creditor and

judicial lien

senior/

Exemption and

debtor’s

not avoided

avoided

description of

unavoidable

Code Section

interest in

property

liens

property

securing lien

C. Valuation of Security: The debtor moves, in accordance with 11 U.S.C. § 506, to establish the value of a

lien as follows:

Name of creditor

Value of Debtor’s

Holder and

Estimate of

Value of lien (see

Unsecured claim

and description of

interest in

amount of

creditor’s claim

IV(B)(4) below)

after valuation

property securing

property

superior liens

(see IV(E) below)

lien

D. Assumption or Rejection of Executory Contract/Unexpired Lease: The debtor moves for the assumption

of the following executory contract and/or unexpired lease. The debtor agrees to abide by all terms of the agreement

and to cure any pre-petition arrearage or default in the manner below. Any executory contract or unexpired lease not

specifically mentioned is rejected.

Name of Creditor and

Amount of regular

Estimated amount of

Cure Provisions for

Regular payments to

lease or contract to be

payment

Default (state if none)

any default paid by

be paid by Debtor

assumed

(Debtor or trustee)

directly to creditor

beginning

(month/year)

III. THE CHAPTER 13 PLAN: PAYMENT OBLIGATIONS OF THE DEBTOR.

A. Payments from the debtor to the chapter 13 trustee (the “trustee”): The debtor submits to the supervision

and control of the trustee all or such portion of future earnings or other future income as is necessary for the

execution of the plan. In addition, the debtor will pay to the trustee any portion of a recovery under a pre-petition

claim or cause of action that constitutes disposable income or is not exempt.

The debtor shall pay to the trustee the sum of $ _____per month for a period of _____ months, unless all

allowed claims (other than long-term claims) are fully paid pursuant to the plan.

B. Payments from the debtor directly to creditors: The debtor shall pay all post-petition priority obligations,

including but not limited to taxes and post-petition domestic support, and pay regular payments on assumed

executory contracts or leases, directly to the holder of the claim as the obligations come due, unless otherwise

ordered by the Court. The debtor may be required to pay some or a portion of pre-petition debts directly to a creditor

in addition to required payments to the trustee, as indicated in paragraph II(D) above and/or in the paragraphs that

follow.

For co-owned property, see In re Ware, 274 B.R. 206 (Bankr. D.S.C. 2001) and Exhibit C to SC LBR 4003-2.

Notice, Chapter 13 Plan, Motions To Value Security, Avoid Judicial Lien, Avoid A Nonpurchase-Money, Nonpossessory Security Interest And Lien, And/or To Assume Or Reject An Executory Contract/unexpired Lease Page 2

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