You're viewing Docket Item 61 from the case . View the full docket and case details.

Download this document:




Case 12-47512 Doc 61 Filed 05/21/13 Entered 05/21/13 13:07:44 Main Document

Pg 1 of 5



UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION



In re:
Jeffery Scott Wooldridge
Cindy Diane Wooldridge









Debtor(s)



















)
)
)
)
)
)
)
)










Case No. 12-47512

Chapter 13

Hearing Date: July 10, 2013
Hearing Time: 10:00 am
Courtroom 5 North










FIRST AMENDED CHAPTER 13 PLAN



PAYMENTS. Debtor is to pay to the Chapter 13 Trustee the sum of the following
amounts: (complete one of the following payment options)



$_______ per month for ___ months, then $_______ per month for ____ months,
then $__________ per month for ________ months.

A total of $__14,413.78____ through _April 2013____, then $_1,405.00___ per
month for _40____ months beginning with the payment due in __May_______,
20_13__.


In addition, Debtor shall pay to the Trustee, and the plan base shall be increased by the
following:

(1) Debtor shall send any tax refund received during the plan to the Trustee; however,
debtor may retain a portion of a tax refund to pay income taxes owed to any taxing
authority for the same period as the refund. Debtor may also retain from such refunds the
lesser of the sum of two monthly plan payments or $600 from such tax refunds, each year,
for necessities. (2) Fifty percent of any employee bonus or other distribution paid or
payable to the debtor during the term of the plan. (3) Additional lump sum(s) consisting
of __________, if any, to be paid to the Trustee.

A minimum of $0.00 will be paid to non-priority unsecured creditors. (Dollar amount or
100%)

DISBURSEMENTS. Creditors shall be paid in the following order and in the
following fashion. Unless stated otherwise, the Chapter 13 Trustee will make the
payments to creditors. All disbursements by the Trustee to be made pro-rata by
class, except per month disbursements described below:


1

(L.F. 13 Rev. 10/08)

Case 12-47512 Doc 61 Filed 05/21/13 Entered 05/21/13 13:07:44 Main Document

Pg 2 of 5

1. Trustee and Court Fees. Pay Trustee a percent of all disbursements as allowed by
law and pay filing fees if the Court enters an order providing for filing fees to be paid in
the Chapter 13 plan.
2. Executory Contract/Lease Arrearages. Trustee to cure pre-petition arrearage on
any executory contract accepted in paragraphs 3(A or B) over the following period,
estimated as follows:
CREDITOR NAME
Sugar Creek Estates
Sugar Creek Estates

3. Pay sub-paragraphs concurrently:


TOTAL AMOUNT DUE

$6,659.00
$2,340.51


CURE PERIOD
6 Months
18 Months












(A) Post-petition real property lease payments. Debtor assumes executory
contract for real property with the following creditor(s) and proposes to maintain
payments in accordance with terms of the original contract as follows:

CREDITOR NAME

MONTHLY PAYMENT

$374.35


Sugar Creek Estates

(B) Post-petition personal property lease payments. Debtor assumes executory
contract for personal property with the following creditor(s) and proposes to
maintain payments in accordance with terms of the original contract as follows:

BY DEBTOR/TRUSTEE
By Trustee



CREDITOR NAME



MONTHLY PAYMENT

EST MONTHS REMAINING


(C) Continuing Debt Payments (including post-petition mortgage payments on
real estate other than Debtor's residence ) Maintain payments of the following
continuing debt(s) in accordance with terms of the original contract with any
arrearages owed at the time of filing to be cured in paragraph ___ below.

CREDITOR NAME





MONTHLY PAYMENT


(D) Post-petition mortgage payments on Debtor's residence. Payments due post-
filing on debt(s) secured by lien(s) on Debtor(s) residence to be at the monthly
amount listed below (or as adjusted by creditor under terms of loan agreement) to:

CREDITOR NAME




MONTHLY PAYMENT
$688.00




BY DEBTOR/TRUSTEE
By Trustee

Vanderbilt Mortgage

(E) DSO Claims in equal installments. Pay the following pre-petition domestic
support obligation arrears in full in equal monthly installments over the life of the
plan, estimated as:

CREDITOR NAME





TOTAL AMOUNT DUE

INTEREST RATE



4. Attorney Fees. Pay Debtor's attorney $__________ in equal monthly payments
over _________ months. Any additional fees allowed by the Court shall be paid
pursuant to paragraph 6 below. [See procedures manual for limitations on use of this
paragraph]



5. Pay sub-paragraphs concurrently:




2

(L.F. 13 Rev. 10/08)

Case 12-47512 Doc 61 Filed 05/21/13 Entered 05/21/13 13:07:44 Main Document

Pg 3 of 5



(A) Pre-petition arrears on secured claims paid in paragraph 3. Pay arrearage
on debt secured by liens on real property in equal monthly installments over the
period and with the interest rate identified below, estimated as follows:

CREDITOR NAME

Vanderbilt Mortgage $4,884.59

TOTAL AMOUNT DUE




CURE PERIOD INTEREST RATE
48 Months

0%






(B) Secured claims to be paid in full. The following claims shall be paid in full in
equal monthly payments over the period set forth below with 4.61% interest.

CREDITOR

TOTAL w/ INTEREST

EST BALANCE DUE









REPAY PERIOD
36 Months





(C) Secured claims subject to modification. Pay all other secured claims the fair
market value of the collateral, as of the date the petition was filed, in equal monthly
payments over the period set forth below with 4.61% interest and with any balance
of the debt to be paid as non-priority unsecured debt under paragraph 9 (A),
estimated as set forth below:

CREDITOR

BALANCE DUE FMV

REPAY PERIOD

TOTAL w/ INTEREST

$900.00

$1,151.80

36 Months

Chase

(D) Co-debtor guaranteed debt paid in equal monthly installments. The
following co-debtor guaranteed claims(s) to be paid by Trustee or by the co-debtor
as noted below. If paid by Trustee, pay claim in equal monthly installments over the
period and with interest as identified below.

$941.50





CREDITOR

EST BALANCE TRUSTEE/CO-DEBTOR

PERIOD

INTEREST RATE




6. Pay $3,000.00 of debtor's attorney's fees and any additional attorney fees allowed by
the Court .

7. Pay sub-paragraphs concurrently:


(A) Unsecured Co-debtor guaranteed claims. The following unsecured co-debtor
guaranteed debt to be paid by Trustee or by the co-debtor as noted below. If paid by
Trustee, pay claim in full with interest rate as identified below.
TRUSTEE/CO-DEBTOR

INTEREST RATE

EST TOTAL DUE

CREDITOR NAME



(B) Assigned DSO Claims. Domestic support obligation arrearages assigned to, or
recoverable by, a governmental unit, to be paid a fixed amount with the balance to
be owed by the Debtor(s) after completion of the Plan, pursuant to § § 507(a)(1)(B)
and 1322(a)(4). Regular payments that become due after filing shall be paid
directly by Debtor(s).

CREDITOR



TOTAL DUE



TOTAL AMOUNT PAID BY TRUSTEE



3

(L.F. 13 Rev. 10/08)

Case 12-47512 Doc 61 Filed 05/21/13 Entered 05/21/13 13:07:44 Main Document

Pg 4 of 5

Priority Claims. Pay the following priority claims allowed under 11 U.S.C.

8.
section 507 in full, estimated as follows:

CREDITOR NAME






TOTAL AMOUNT DUE


9. Pay the following sub-paragraphs concurrently:


(A) General Unsecured Claims. Pay non-priority, unsecured creditors. Estimated
total owed:$________________. Estimated amount available $0.00. Estimated
repayment in Chapter 7: $0.00. Amount required to be paid to non-priority
unsecured creditors as determined by 1325(b) calculation: $0.00.

(B) Surrender of Collateral. Debtor proposes to surrender the following
collateral to the following creditor(s) with any deficiency paid as non-priority
unsecured debt:
CREDITOR


(C) Rejected Executory Contracts/Leases. Debtor rejects the following
executory contract(s) with the following creditor(s). Any balance to be paid as
non-priority unsecured debt.:
CREDITOR


CONTRACT/LEASE

COLLATERAL



10. Other:

Paragraph debt includes a post-petition lease payment debt to be added to Debtors’
Chapter 13 plan in the amount of $2,340.51.

Lease payment in Paragraph 3(A) has been increased to account for an increase in
creditor’s rates.

Mortgage payment in paragraph 3(D) has been increased to account for increases
in escrow payments.



11. All secured creditors shall retain the liens securing their claims until the earlier of
the payment of the underlying debt determined under non-bankruptcy law or discharge
under section 1328. However, the Debtor will request avoidance of non-purchase
money liens secured by consumer goods as well as judicial liens which impair
exemptions and said creditors will not retain their liens if the Court enters an order
granting the Debtor's request to avoid the liens.



12. Any pledged credit union shares or certificates of deposit held by any bank shall be
applied to the amount owed such Claimant.



13. Title to Debtor's property to re-vest in Debtor upon confirmation. Debtor is not to
incur further credit or debt without the consent of the Court unless necessary for the
protection of life, health or property and consent cannot be obtained readily.



4

(L.F. 13 Rev. 10/08)

Case 12-47512 Doc 61 Filed 05/21/13 Entered 05/21/13 13:07:44 Main Document

Pg 5 of 5

14. Any post-petition claims filed and allowed under 11 U.S.C. section 1305 may be
paid through the plan.



CREDITOR'S NOTICE: YOU MUST FILE A CLAIM IN ORDER TO PARTICIPATE
IN DISBURSEMENTS PROPOSED HEREIN. CLAIMS SHALL SHARE ONLY IN
FUNDS DISBURSED AFTER THE CHAPTER 13 TRUSTEE RECEIVES THE
CLAIM. IN COMPLIANCE WITH ORDER OF THE COURT, ABSENT A SPECIFIC
ORDER OF THE COURT TO THE CONTRARY, THE CHAPTER 13 TRUSTEE,
RATHER THAN THE DEBTOR, WILL MAKE ALL PRE-CONFIRMATION
DISBURSEMENTS PURSUANT TO SECTION 1326(a).
ALL CREDITORS
ENTITLED TO PRE-CONFIRMATION DISBURSEMENTS, INCLUDING LEASE
CREDITORS, MUST FILE A PROOF OF CLAIM TO BE ENTITLED TO RECEIVE
SUCH PAYMENTS FROM THE CHAPTER 13 TRUSTEE. PURSUANT TO LOCAL
RULE, THE PROOF OF CLAIM SHALL CONTROL THE VALUATION OF
COLLATERAL AND ANY VALUATION STATED IN THE PLAN SHALL NOT BE
BINDING ON THE CREDITOR.




DATE: 5/21/2013


DATE: 5/21/2013














DEBTOR: /s/ Jeffrey Scott Wooldridge

DEBTOR: /s/ Cindy Diane Wooldridge

5

(L.F. 13 Rev. 10/08)