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UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION - DETROIT

FOR COURT USE ONLY

IN THE MATTER OF:

Marilyn Fessler
a/k/a Marilyn Meissner

S.S.# xxx-xx-6265

and

S.S.#
__________________________________/

Debtor(s)

CASE NO. 11-53376
CHAPTER 13

CHAPTER 13 PLAN

[ ] Original OR [ X] Modification #

1

[ X] pre-confirmation OR [ ] post-confirmation

I.

PLAN PAYMENTS & DISBURSEMENTS
This is the debtor's(s') latest Chapter 13 Plan. The following Classes of claims are established for payment from funds
available by the Trustee except those identified as "direct payments" as indicated herein.

A.
B.

C.

D.

The debtor shall make payments in the amount of $24.80 Monthly.
Plan length: 36 months, commencing on the date of entry of the Order Confirming Plan, which shall also be the
effective date of the Plan. The Trustee is hereby authorized to automatically adjust the Plan length an additional six
(6) months to accomplish the purposes of this Plan, but in no event shall this Plan last more than five years.
Debtor commits 100% of all tax refunds received or entitled to after commencement of the case, and shall not alter
any withholding deductions/exemptions without Court approval.
Treatment of claims
1.

Class One - Administrative Expenses
a.
b.

Trustee fees as determined by statute.
Attorney fees and costs: Subject to 11 U.S.C. 1326(a)(2), Attorney Fees are to be determined by
fee application. Applicant has received a retainer of $400.00 and the Trustee is to hold from
distribution an additional amount of $2,500.00 from payments pursuant to this Plan to be applied
to Applicant's fees on order of the Court. Applicant shall file its first fee application within thirty
days following the entry of the Order Confirming Plan. If no application has been served and
filed within the 30 day period, the reserved funds will be released for distribution to creditors.
Other:

c.

2.

Class Two - Continuing Claims: Those secured claims on which the last payment is due beyond the length
of the Plan [11 U.S.C. §1322(b)(5)]. To the extent such claims are non-modifiable pursuant to 11 U.S.C. §
1322(b)(2), the Trustee shall adjust the monthly payment to such creditors upon compliance by the creditor
with L.B.R. 3015-1(a)(9)(E.D.M.) and the debtor shall increase Plan payments as needed for such
compliance.

a.

Post-Confirmation

Creditor/Collateral
Westacres Credit Union

Savings Acount XXXX2714
Westacres Credit Union

Westacres Credit Union

Savings Acount XXXX2714
Westacres Credit Union

Monthly Payments
0.00
*Direct by Debtor's
Company*
0.00
*Direct by Debtor's
Company*

Model Plan Version 2.0 - 05/01

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b.

Post-Petition/Pre-Confirmation Arrears- (TO BE PAID IN FIRST 12 MONTHS):

Arrears Amount

Interest Rate

Estimated
Monthly Payment Time to Cure

Creditor/Collateral
-NONE-

3.

Class Three - Executory Contracts and/or Unexpired Leases [11 U.S.C. §1322(b)(7) and 11 U.S.C. §365]
a.

Continuing, Post-Petition Obligations:

Creditor/Collateral
-NONE-

Creditor/Collateral
-NONE-

Assume/
Reject/
Assign?

If assumed,
regular payment
per month

Lease/Contract
expiration date

b.

Pre-Petition Obligations:

If assumed,
amount of
Default

If assumed,
number of months
to cure from
confirmation date
+ interest rate

If assumed,
monthly payment
on cure

4.

Class Four - Arrearage on Continuing Claims [11 U.S.C. §1322(b)(5)]
Pre-Petition Arrears:

Creditor/Collateral
-NONE-

Arrears Amount

Interest Rate

Estimated
Monthly Payment

Number of months to cure
from confirmation date

5.

Class Five - Other Secured Claims: Secured claims other than those listed in Classes Two and Four on
which the last payment will become due within the Plan duration.

Creditor/Collateral
-NONE-

6.

7.

"Crammed down"
[11 U.S.C. 1325(a)(5)]
or modified
[11 U.S.C. 1322(b)(2)]
Indicate Which

Market
Value

Interest
Rate

Monthly
Payment
(Incl.
Interest)

Total to Pay
(Incl.
Interest)

Number of
months from
confirmation
date

Class Six - Priority Unsecured Claims [11 U.S.C. §1322(a)(2)]

Creditor
-NONE-

Amount

Interest Rate

Class Seven - Special Unsecured Claims shall be paid in full and concurrently with Class Eight General
Unsecured Claims.

Creditor
-NONE-

Amount

Interest
Rate

Reason for Special Treatment

Model Plan Version 2.0 - 05/01

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8.

9.

Class Eight - General Unsecured Claims shall be paid 2.3 % of such amounts with interest at the rate of
0.00 % per annum. This Plan shall provide either the percent stated or shall continue for the length
stated, whichever will offer the greater dividend to general unsecured creditors in this class.

Other Provisions: Insert as necessary

II.

GENERAL PROVISIONS

A.

B.

C.

D.

E.

F.

G.

H.

THIS PLAN FOLLOWS THE TRUSTEE'S PLAN IN ALL RESPECTS, WITH THE EXCEPTION OF:

VESTING, POSSESSION OF ESTATE PROPERTY AND LIEN RETENTION: Upon confirmation of the
Plan, all property of the estate shall vest in the debtor [11 U.S.C. §1327(b)]. The debtor shall remain in possession
of all property of the estate during the pendency of this case unless specifically provided herein [11 U.S.C.
§1306(b)]. All secured creditors shall retain the liens securing their claims unless otherwise stated.

SURRENDER OR ABANDONMENT OF COLLATERAL: Upon confirmation the automatic stay is lifted as to
any collateral treated as surrendered or abandoned.

PROHIBITION AGAINST INCURRING POST-PETITION DEBT: While this case is pending, the debtor
shall not incur a debt in excess of $1,000.00 without first obtaining approval from the Court.

UNSCHEDULED CREDITORS FILING CLAIMS: If a pre- or post-petition creditor is not listed in the Chapter
13 Schedules, but files a proof of claim, the Trustee is authorized to classify the claim into one of the existing
classes under this Plan and to schedule the claim for payment within that class.

PROOFS OF CLAIMS FILED AT VARIANCE WITH THE PLAN: In the event that a creditor files a proof of
claim that is at variance with the provisions of this Plan, the following method is to be employed to resolve the
conflict:

1.

2.

3.

4.

Regarding claims for which the Plan does not propose a "cramdown" or modification, the proof of claim
shall supersede the Plan as to the claim amount, percentage rate of interest, monthly payments,
classification of the claim, percentage of interest on arrears, if any, but the proof of claim shall not govern
as to the valuation of collateral.

As to claims for which the Plan proposes a "cramdown" or modification, the proof of claim governs only as
to the claim amount, but not with respect to any of the other aforementioned contractual terms.

If a holder of a claim files a proof of claim at variance with this Plan or related schedules, the Trustee shall
automatically treat that claim as the holder indicated, unless provided otherwise by order of the Court.

A proof of claim or interest shall be deemed filed under 11 U.S.C. §501 for any claim or interest that
appears in Classes Two, Three, Four or Five of this plan, except a claim or interest that is disputed,
contingent or non-liquidated and labeled as such in this plan.

NOTE: Debtor reserves the right to object to any claim.

TAX RETURNS AND TAX SET-OFFS: All tax returns which have become due prior to the filing of this Plan
have been filed except the following (see L.B.R. 2083-1(E.D.M.) regarding non-filed returns):

-NONE-

DEBTOR ENGAGED IN BUSINESS: [ X ] If the box to the immediate left is "checked", the debtor is
self-employed AND incurs trade credit in the production of income from such employment.
1.

11 U.S.C. §1304(b) and (c) regarding operation of the business and duties imposed upon the debtor are
incorporated herein by reference.

2.

The debtor shall comply with the provisions of L.B.R. 3015-1(a)(8) and 2003-2(a)(b) (E.D.M.) unless the
Court orders otherwise.

Model Plan Version 2.0 - 05/01

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I.

J.

K.

L.

ORDER OF PAYMENT OF CLAIMS: Class One claims shall be paid in advance of others, then Classes Two
and Three in advance of all remaining classes, then Classes Four and Five, then Class Six, and then Classes Seven
and Eight shall be paid as stated in each respective section. [LBR 3015-1(a)(5) (E.D.M.)]

WORKSHEET: The worksheet on a form available from the clerk's office, is required by L.B.R. 3015-1(b)(2)
(E.D.M.). It is attached hereto and incorporated herein by reference.

CONFLICT OF DEBT AMORTIZATION: If the amortization figures conflict with respect to those stated in
Class 2b, Class 3, Classes 4 Class 5, the time to cure shall be paramount, and the Trustee shall make alterations to
implement this statement.

DEBTOR DUTY TO MAINTAIN INSURANCE: Debtor shall maintain all insurance required by law and
contract upon property of the estate and the debtor's property. After confirmation of this Plan, if the debtor fails to
maintain full coverage collateral protection insurance as required above, any party in interest may submit an
affidavit of default and in the event that the default is not cured within ten (10) days from the date of service of the
affidavit upon the debtor, debtor's counsel and the Trustee, said party may submit an Order Granting Relief from the
Automatic Stay as to the collateral to the Court along with a further affidavit attesting to the debtor's failure to cure.
Said Order shall be granted without motion or hearing.

M.

ENTRY OF ORDERS LIFTING STAY: Upon entry of Order Lifting Stay, no distributions shall be made to the
secured creditor until such time as an amended claim is filed by such creditor.

Model Plan Version 2.0 - 05/01

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N. LIQUIDATION ANALYSIS AND STATEMENT OF VALUE OF ENCUMBERED PROPERTY [LBR 3015-1(b)(1)]:

DEBTOR'S
SHARE OF
EQUITY

EXEMPT
AMOUNT

NON-EXEMPT

AMOUNT

TYPE OF PROPERTY

FAIR MARKET

VALUE

LIENS

PERSONAL RESIDENCE

0.00

VEHICLES

15,000.00

HHG/PERSONAL EFFECTS

3,500.00

JEWELRY

100.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

15,000.00

13,179.14

1,820.86

3,500.00

3,400.00

100.00

100.00

100.00

0.00

CASH/BANK ACCOUNTS

36,052.70

40,634.19

240.59

0.00

240.59

OTHER

10,413.86

0.00

10,413.86

4,530.86

5,883.00

Amount available upon liquidation

Less administrative expenses and costs

Less priority claims

Amount Available in Chapter 7

$

$

$

$

8,044.45

4,000.00

0.00

4,044.45

/s/ Erika D. Hart
Erika D. Hart P67457
Attorney for Debtor
Charles J. Taunt & Associates, PLLC
700 East Maple Road
Second Floor
Birmingham, MI 48009

248-644-7800 Fax:248-647-5902
Phone Number

/s/ Marilyn Fessler
Marilyn Fessler
Debtor

Joint Debtor

August 17, 2011
Date

Model Plan Version 2.0 - 05/01

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1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Length of Plan is

weeks;

36

months;

years.

WORKSHEET

Debtor #1:

$

24.80 per pay period x

Debtor #2:

$

$

Lump Sums:

pay periods per Plan = $

892.80 total per Plan

( Monthly )

36

( )

per pay period x

per period x

pay periods per Plan = $

total per Plan

periods in Plan =

Equals total to be paid into the Plan

Estimated trustee's fees

500.00

Estimated Attorney fees and costs

2,500.00 (estimated)

Total priority claims

Total installment mortgage or
other long-term debt payments

Total of arrearage
including interest

Total secured claims,
including interest

0.00

0.00

0.00

0.00

5,833.00

6,725.80

Total of items 6 through 11

Funds available for unsecured creditors (item 5 minus item 11)

Total unsecured claims (if all file)

Estimated percentage to unsecured creditors under Plan (item 12 divided by item 13)

Estimated dividend to general unsecured creditors if
Chapter 7, (see liquidation analysis attached)

$

$

$

$

3,000

3,725.80

*156,236.08

2.3 %

4,044.45

COMMENTS:

*Debtor disputes that the total unsecured amount listed in line item 13 above is a reflection of the total debt as approximately
$142,000 of debt listed as unsecured is disputed and contingent.

Model Plan Version 2.0 - 05/01

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