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 3 of 5) in pdf

IV. PLAN DISTRIBUTIONS TO CREDITORS. To receive a distribution from the trustee, a proof of claim,

including adequate supporting documentation, must be filed with the Court. If a claim designated in this plan as

secured is filed as an unsecured claim and the plan is confirmed, the claim may be treated as unsecured for purposes

of plan distributions by the trustee. If a creditor files a proof of claim alleging that the claim is secured, but does not

timely object to the confirmation of the plan and the claim is treated as unsecured in a confirmed plan, the claim may

be treated as unsecured for purposes of plan distributions by the trustee. Confirmation of this plan does not bar a

party in interest from objecting to a claim. The trustee, after the deduction of the trustee's commission and expenses,

or the debtor, as indicated, shall make payments as follows:

A. Attorney for the debtor:

1. The debtor and the debtor’s attorney have agreed to an attorney’s fee in the amount of $______

for the services identified in the Rule 2016(b) disclosure statement filed in this case. The amount of $_____ was

paid prior to the filing of the case. The remaining fee shall be disbursed by the trustee as follows: Following

confirmation of the plan and unless the Court orders otherwise, the trustee shall disburse $1,000.00 to the attorney

from the initial disbursement.

Thereafter, the balance of the attorney’s compensation as allowed by the Court shall

be paid, to the extent then due, with all funds remaining each month after payment of allowed secured claims and

pre-petition arrearages on domestic support obligations. In instances where an attorney assumes representation in a

pending pro se case 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 creditors.

2. If, as an alternative to the above treatment, the debtor’s attorney has received a retainer and cost

advance and agreed to file fee applications for compensation and expenses in this case pursuant to 11 U.S.C. § 330,

the retainer and cost advance shall be held in trust until fees and expense reimbursements are approved by the Court.

Prior to the filing of this case, the attorney has received $______ and for plan confirmation purposes only, the fees

and expenses of counsel are estimated at $_______ or less.

B. Secured Creditor Claims: The plan treats secured claims as follows:

1. General Provisions: The terms of the debtor’s pre-petition agreement with a secured creditor

shall continue to apply except as modified by this plan, the order confirming the plan, or other order of the Court.

Holders of secured claims shall retain liens to the extent provided by 11 U.S.C. § 1325(a)(5)(B)(i). Secured creditors

paid the full secured claim provided for by this plan shall timely satisfy any liens in the manner required by

applicable law or order of this Court. Any creditor holding a claim secured by property that is removed from the

protection of the automatic stay by order, surrender, or through operation of the plan will receive no further

distribution from the chapter 13 trustee on account of any secured claim. This also applies to creditors who may

claim an interest in, or lien on, property that is removed from the protection of the automatic stay by another

lienholder or released to another lienholder, unless the Court orders otherwise. Any funds that would have been paid

to any such creditor will be distributed according to the remaining terms of the plan. (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 creditor affected by

this provision may file an itemized proof of claim for any unsecured deficiency within a reasonable time after the

removal of the property from the protection of the automatic stay. Secured creditors that will be paid directly by the

debtor may send standard payment and escrow notices, payment coupons, or inquiries about insurance, and such

action will not be considered a violation of the automatic stay.

2. Long-term or mortgage debt. No default: The debtor is current on obligations to (creditor name)

and will continue regular payments directly to that creditor. Description of collateral:

The chapter 13 trustee shall not at any time disburse to the debtor’s attorney more than: (a) the unpaid balance of (1) the fee to be paid under

the plan pursuant to paragraph 1 herein, or (2) the fee previously applied for and authorized pursuant to paragraph 2 herein, plus (b) any

supplemental fee then applied for and authorized under the terms of the applicable Procedures for Approval of Attorney’s Fees in Chapter 13

Cases.

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 3

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