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Dated: September 14, 2009 09:38:42
The following is ORDERED:
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF OKLAHOMA
GAYLON JAY TOLES
ORDER CONFIRMING CHAPTER 13 PLAN
The plan or a summary of the plan has been transmitted to scheduled creditors and it has been determined
after notice and an opportunity for hearing the plan should be confirmed; therefore, IT IS ORDERED:
The debtor(s) shall submit future funds to the control of the Trustee as follows:
The debtor(s)’ monthly plan payment is $368.00 and the plan is confirmed for a term of 60
months. The plan base is $22,080.00. The minimum applicable commitment period is 60
months. To the extent necessary to make the disbursements required under this Order, the plan
term may be automatically extended to a term of up to 60 months.
The plan payments may be made directly to the Trustee by the debtor(s), unless and until
debtor(s) miss(es) a payment in which event, after notification to debtor(s), or attorney for
debtor(s), the use of the Employer Wage Deduction provision of § 1325(c) is authorized.
Unless this plan is confirmed with a provision guaranteeing a 100% dividend to unsecured
creditors within the minimum applicable commitment period, the debtor(s) is/are to additionally
surrender to the Trustee all tax refunds, bonuses, unused vacation pay and any other irregular or
incidental disposable income received during the term of the Plan. These amounts shall be
applied to the existing base; however, to the extent applying these additional amounts to the
existing base would reduce the plan length to less than the minimum applicable commitment
period, the plan base shall be increased. Federal earned income credit portions of tax refunds
shall be returned to the debtor(s) if a timely request for such relief is received prior to
disbursement of the funds to creditors. The Trustee is authorized to submit ex parte orders to
the Court directing turnover by third parties in possession of funds addressed by this paragraph.
The debtor(s) is/are to additionally surrender to the Trustee the nonexempt portion of the
proceeds of any lawsuit, inheritance or any other windfall in an amount in excess of $500.
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The plan base shall be increased by the amount received as a result of the lawsuit, inheritance
or other windfall.
From Funds received, the Trustee shall disburse as follows:
To the Trustee, administrative expenses to be paid in full pursuant to 11 U.S.C. §1326(b)(2)
and 28 U.S.C. § 586(e).
To the Debtor(s)’ attorney, the sum of $2,000.00 to be paid at $22.00 X 35, then $344.00 per
To secured creditors where collateral is retained, deferred payments as follows:
i. To the holders of “long term” debts (loan term extends beyond the length of the plan)
provided for under 11 U.S.C. § 1322(b)(5):
The arrearage amount(s) is/are estimated and will be paid according to the amount stated on the claim unless
objected to and limited by separate Court order. The interest rate to be paid on the arrearage is the amount
NOTE: Any mortgage creditor being paid through the plan as the holder of a long-term debt
must promptly notify the Trustee, Debtor(s), and Debtor(s)’ attorney in writing of any change in
the ongoing monthly mortgage payment. Additionally, the mortgage creditor must amend the
arrearage portion of their claim to include any post-petition charges that are not included as
part of the ongoing monthly mortgage payment. Such amendments should be filed at the time
the post-petition charges are incurred. Failure to comply with any portion of this provision may
result in the entry of an order deeming the mortgage current as of the date of the final ongoing
monthly mortgage payment by the Trustee.
iii. To secured creditors with a purchase money security interest securing a debt either incurred
within the 910-day period preceding the filing of the bankruptcy petition where the
collateral is a motor vehicle acquired for personal use or incurred within the 1-year period
preceding the bankruptcy petition where the collateral is any other thing of value, the
amount to be paid as referenced below, with interest in the amount stated below. To the
extent the amount referenced to be paid exceeds the secured claim, only the claim amount,
with interest as referenced below, shall be paid. Each secured creditor shall retain its lien
until the earlier of payment of the underlying debt determined under nonbankruptcy law or
entry of an order granting discharge.
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iv. To all other secured creditors, other than secured tax creditors, the value as referenced
below if secured by personal property, or the value set by separate Court order if secured by
real property, with interest in the amount stated below. To the extent the stated value
exceeds the secured claim, only the claim amount, with interest as referenced below, shall
be paid. Each secured creditor shall retain its lien until the earlier of payment of the
underlying debt determined under nonbankruptcy law or entry of an order granting
FINANCIAL GROUP MALIBU
v. To secured holders of tax claims, payment in full of the claim as filed unless objected to.
To secured creditors where collateral is surrendered and adequate protection is owed pursuant
to the Guidelines of the Court, payment as follows:
AMT TO BE PAID
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To creditors entitled to priority status pursuant to 11 U.S.C. §507, deferred payments as listed
To the holders of pre-petition and/or post-petition priority tax claims, full payment
pursuant to the filed claim unless limited by separate Court order.
To the holders of pre-petition priority claims for domestic support obligations, full
payment pursuant to the filed claim unless limited below or by separate Court order.
To all other holders of priority claims listed below, full payment as follows:
To nonpriority unsecured creditors, as follows:
To special nonpriority unsecured creditors, full payment as follows:
CL # CREDITOR
AMOUNT TO BE PAID MONTHLY PMT. INT.
This plan is confirmed as a 100% plan guaranteeing a 100% dividend to all unsecured
This plan is confirmed in accordance with the means test and must pay a total of
to the class of unsecured nonpriority claimholders.
This plan is confirmed as a percentage plan guaranteeing a 27% dividend to the class
of unsecured nonpriority claimholders.
3. Other provisions of the plan, including payments to be made directly by debtor(s), collateral to be
surrendered, and other conditions:
If there is a surrender of property securing a claim referenced in paragraph 3 above, this Order
operates to terminate the automatic stay of 11 U.S.C. §362(a) and to abandon the surrendered
property to permit recovery and disposition of the property. Adequate protection shall be paid only
as reflected in paragraph 2.d. above.
Student loans are not dischargeable unless determined in an adversary proceeding to constitute an
undue hardship under 11 U.S.C. §523(a)(8).
The plan rejects all executory contracts and unexpired leases, except such executory contracts and
unexpired leases assumed as follows:
The debtor(s)’ requested exemption in is:
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Creditors not advising the Trustee of address changes may be deemed to have abandoned their
The Trustee will make no disbursements to any creditor until the creditor has filed a proper proof of
claim and provided a file-stamped copy of the claim to the Trustee. In the case of a secured claim,
the creditor must attach proper proof of perfection of its security interest as a condition of payment
by the Trustee.
If not confirmed as a 100% plan, the debtors must pay the greater of the base amount or the amount
to be paid to the class of unsecured nonpriority claimholders as reflected above.
11. All property shall remain property of the estate and shall vest in the debtor(s) only upon dismissal,
discharge, conversion or other specific order of the Court. The debtor(s) shall be responsible for
the preservation and protection of all property of the estate not transferred to and in the actual
possession of the Trustee.
12. The debtor(s) is/are prohibited from incurring any debts except such debts approved pursuant to the
Court’s directives or as necessary for medical or hospital care.
If the Trustee identifies this case as a business case, the debtor(s) will provide the Trustee with such
monthly reports as he requests on forms provided by the Trustee.
14. The debtor(s) is/are not current on required plan payments at the time of confirmation. If the
debtor(s) is/are not fully current by N/A , the Trustee shall submit an ex parte Order of Dismissal
to the Court, and the case will be dismissed without prior notice to the debtor(s). In order to be
fully current on the required date, the debtor(s) must have paid a total of $ N/A by that date.
/s/John T Hardeman
Chapter 13 Trustee
BOWLER & ASSOCIATES