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Case 13-44052 Doc 4 Filed 04/30/13 Entered 04/30/13 15:21:03 Main Document

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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION



In re:
Donna Ware

Debtor(s)

















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Case No. 13-44052
Chapter 13






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)


$__470.00___ per month for _60__ months.

$______ per month for ______ months, then $______ per month for _____
months, then $__________ per month for ________ months.

A total of $___________ through ____________, then $_______ per month for
______ months beginning with the payment due in _____________, 20____.


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

(1) Tax Refund. Debtor shall send any tax refund received during the pendency of the
Chapter 13 case 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 $1,250 for single filers or $1,500 for joint filers and refundable tax credits
consisting of Earned Income Credit and Child Tax Credit, each year. (2) Employee
Bonuses. Debtor shall send fifty percent of any employee bonus or other distribution
paid or payable to Debtor during the term of the plan. (3) Additional Lump Sums.
Debtor shall send additional lump sums(s) consisting of _________, if any, to be paid to
the Trustee.

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. However, if there are
funds available after payment of equal monthly payments in paragraph 5 and fees
in paragraph 6, those funds shall be distributed again to those same paragraphs
until paid in full before distributing to the next highest paragraphs:

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

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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


3. Pay sub-paragraphs concurrently:


TOTAL AMOUNT DUE

CURE PERIOD







(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



BY DEBTOR/TRUSTEE


(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:

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


$1,006.06




BY DEBTOR/TRUSTEE
Debtor

Bank of America


(E) DSO Claims in equal installments. Pay any pre-petition domestic support
obligation arrears (not provided for elsewhere in this plan) 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:


(A) Pre-petition arrears on secured claims paid in paragraph 3. Pay pre-
petition arrearage on debts paid under paragraphs 3 (C) or (D) in equal monthly

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installments over the period set forth below and with the interest rate identified
below, estimated as follows:

CREDITOR NAME

TOTAL AMOUNT DUE
$19,000.00




CURE PERIOD INTEREST RATE
48 Months

0%

Bank of America

(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 3.12% interest.



CREDITOR

EST BALANCE DUE



REPAY PERIOD

TOTAL w/ INTEREST



(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 3.12% 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







(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 set forth below and with interest as identified below.

EST BALANCE TRUSTEE/CO-DEBTOR

PERIOD

INTEREST RATE

CREDITOR



(E) Pay any post-petition fees and costs as identified in a notice filed per Federal
Rule of Bankruptcy Procedure 3002.1 as a supplement to an allowed claim or any
other post-petition fees and costs which the Court allows and orders the Trustee to
pay. Any such amounts shall be paid in equal monthly payments over the remainder
of the plan duration and shall not receive interest.


6. Pay $_________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
(100% or lesser dollar amount enumerated here)

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8. Priority Claims. Pay the following priority claims allowed under 11U.S.C.
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: $21,875.02. Amount required to be paid to non-priority unsecured
creditors as determined by 1325(a)(4) hypothetical Chapter 7 liquidation
calculation: $0.00. Amount required to be paid to non-priority unsecured creditors
as determined by 1325(b) calculation: $7,485.60. Debtor guarantees a minimum
of $7,485.60 (Dollar amount or 100%) will be paid to non-priority unsecured
creditors.

(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:



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.



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

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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. THE TRUSTEE, IN HIS SOLE DISCRETION,
MAY DETERMINE TO RESERVE FUNDS FOR PAYMENT TO ANY CREDITOR
SECURED BY A MORTGAGE ON REAL ESTATE PENDING FILING OF A CLAIM.




DATE:_4/30/2013






DEBTOR:__/s/ _Donna Ware________________

CERTIFICATE OF SERVICE

I DO HEREBY CERTIFY that a copy of the amended Chapter 13 Plan was served by
deposit in the U.S. Mail, postage prepaid and properly addressed to the following on
April 30, 2013.

All Creditors on attached Matrix



Respectfully submitted,
/s/ Katie Miller
KATIE MILLER #64032 MO
J. Aaron Cook #50666 MO
Ghafoor, Cook & Associates
136 E Walnut St Ste 300
Independence, MO 64050
(816) 373-7379 (Telephone)



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