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LOCAL BANKRUPTCY FORM 3015-1

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Rev. 03/08/11

IN RE:

Debtor(s)

: CHAPTER 13
: CASE NO. - -bk-
:
: CHAPTER 13 PLAN
:
: (Indicate if applicable)
: ( ) # MOTIONS TO AVOID LIENS
: ( ) # MOTIONS TO VALUE COLLATERAL
:
: ( ) ORIGINAL PLAN
: ( ) AMENDED PLAN
:

(Indicate 1ST, 2ND, 3RD, etc.)

YOUR RIGHTS WILL BE AFFECTED

READ THIS PLAN CAREFULLY. If you oppose any provision of this plan you must file a
timely written objection. This plan may be confirmed and become binding on you without
further notice or hearing unless a written objection is filed before the deadline stated on the
Notice issued in connection with the filing of the plan

PLAN PROVISIONS

DISCHARGE: (Check one)
( )

The debtor will seek a discharge of debts pursuant to Section 1328(a).

( )

The debtor is not eligible for a discharge of debts because the debtor has
previously received a discharge described in Section 1328(f).

NOTICE OF SPECIAL PROVISIONS:

(Check if applicable)

( )

This plan contains special provisions that are not included in the standard plan as
approved by the U.S. Bankruptcy Court for the Middle District of Pennsylvania.
Those provisions are set out in Section 8 of this plan. Other than to insert text
into the designated spaces or to expand the tables to include additional claims, the
preprinted language of this form may not be altered. This does not mean that the
Debtor is prohibited from proposing additional or different plan provisions in
Section 8. The Debtor may propose additional or different plan provisions or
specify that any of the provisions will not be applicable, provided however, that
each such provision or deletion shall be set forth herein in Section 8.

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1.

PLAN FUNDING AND LENGTH OF PLAN

A.

Plan Payments

Rev. 03/08/11

1.

To date, the Debtor(s) has paid $________ (enter $0 if no payments have
been made to the Trustee to date). Debtor(s) shall pay to the Trustee for
the remaining term of the plan the following payments. If applicable, in
addition to monthly plan payments, Debtor(s) shall make conduit
payments through the Trustee as set forth below. The total base plan is
$_______________, plus other payments and property stated in Section
1B below:

Start
mm/yy

End
mm/yy

Plan Payment

Estimated Conduit

Payment

Total Payment

Total Payments: $

2.

3.

4.

If the plan provides for conduit mortgage payments, and the mortgagee
notifies the Trustee that a different payment is due, the Trustee shall notify
the Debtor and the attorney for the Debtor, in writing, to adjust the conduit
payments and the plan funding accordingly. Debtor(s) is responsible for
all post-petition mortgage payments due prior to the initiation of conduit
mortgage payments.

Debtor(s) shall take appropriate action to ensure that all applicable wage
attachments are adjusted to conform to the terms of the plan.

CHECK ONE:

( ) Debtor(s) is at or under median income

( ) Debtor(s) is over median income. Debtor(s)
calculates that a minimum of $____________ must be
paid to unsecured, non-priority creditors in order to
comply with the Means Test.

B.

Liquidation of Assets

1.

In addition to the above specified plan payments, Debtor(s) shall dedicate
to the plan proceeds in the estimated amount of $_____________ from the

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Rev. 03/08/11
sale of property known and designated as __________________________
____________________________. All sales shall be completed by
___________________, 20____. If the property does not sell by the date
specified, then the disposition of the property shall be as follows:
____________________________________________________________

Other payments from any source(s) (describe specifically) shall be paid to
the Trustee as follows: _________________________________________

The Debtor estimates that the liquidation value of this estate is
$____________. (Liquidation value is calculated as the value of all non-
exempt assets after the deduction of valid liens and encumbrances and
before the deduction of Trustee fees and priority claims.)

2.

3.

2.

SECURED CLAIMS

A.

Pre-Confirmation Distributions. Adequate protection and conduit payments in the
following amounts will be paid by the Debtor to the Trustee. The Trustee will
disburse these payments for which a proof of claim has been filed as soon as
practicable after receipt of said payments from the Debtor.

Name of Creditor

Address

Account #

Estimated
Monthly
Payment

$

$

The Trustee will not make a partial payment. If the Debtor makes a partial plan payment,
or if it is not paid on time and the Trustee is unable to pay timely a payment due on a
claim in this section, the Debtor’s cure of this default must include any applicable late
charges.

Upon receipt, Debtor shall mail to the Trustee all notices from mortgagees including
statements, payment coupons, impound and escrow notices, and notices concerning
changes of the interest rate on variable interest rate loans. If any such notice informs the
Debtor that the amount of the payment has increased or decreased, the change in the plan
payment to the Trustee will not require modification of this plan.

B.

Mortgages and Other Direct Payments by Debtor. Payments will be made outside
the plan according to the original contract terms, with no modification of contract
terms and with liens retained. All mortgage and other lien claim balances survive
the plan if not avoided or paid in full under the plan.

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Name of Creditor

Description of Collateral

Rev. 03/08/11

Contractual

Monthly
Payment

Principal Balance

of Claim

$

$

$

$

$

$

$

$

C.

Arrears. The Trustee shall distribute the amount of pre-petition arrearages set
forth in the allowed proof of claim to each secured creditor set forth below. If the
Debtor or the Trustee objects to a proof of claim and the objection is sustained, or
if the plan provides for payment of amounts greater than the allowed proof of
claim, the creditor’s claim will be paid in the amount allowed by the court.

Name of Creditor

Description of Collateral

Estimated
Pre-petition
Arrears to be

Cured

Estimated Post-
petition Arrears

to be Cured

Estimated

Total to be paid

in plan

$

$

$

$

$

$

$

$

$

$

$

$

D.

Secured Claims Paid According to Modified Terms. These amounts will be paid
in the plan according to modified terms, and liens retained until entry of
discharge. The excess of the creditor’s claim will be treated as an unsecured
claim. Any claim listed as “NO VALUE” in the “Modified Principal Balance”
column below will be treated as an unsecured claim. THE LIENS WILL BE
AVOIDED OR LIMITED THROUGH THE PLAN OR DEBTOR(S) WILL FILE
AN ADVERSARY ACTION TO DETERMINE THE EXTENT, VALIDITY,
AND PRIORITY OF THE LIEN (Select method in last column):

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Name of Creditor

Description of Collateral

Modified
Principal
Balance

Interest

Rate

Total

Payment

Rev. 03/08/11
Plan* or
Adversary
Action

$

$

$

% $

% $

% $

* “PLAN” INDICATES THAT THE DEBTOR(S) PROPOSES TO AVOID OR LIMIT
THE LIEN OF THE CREDITOR IN THIS PLAN. CONFIRMATION OF THE PLAN
SHALL CONSTITUTE A FINDING OF VALUATION PURSUANT TO SECTION
506(a). NO ADVERSARY COMPLAINT OR MOTION WILL BE FILED AND THE
LIEN WILL BE AVOIDED BY A CONFIRMATION ORDER UPON DISCHARGE. IF
THE CREDITOR WISHES TO CONTEST THE AVOIDANCE OF THE LIEN, THE
CREDITOR MUST FILE AN OBJECTION TO THIS PLAN. OTHERWISE
CONFIRMATION OF THE PLAN WILL AVOID THE LIEN UPON DISCHARGE.

E.

Other Secured Claims. (Including conduit payments)

Name of Creditor

Description of Collateral

Principal
balance of
Claim

Interest

Rate

Total to be
paid in plan

$

$

$

% $

% $

% $

F.

Surrender of Collateral. Debtor(s) surrenders the following assets to secured
creditors. Upon confirmation of the plan, bankruptcy stays are lifted as to the
collateral to be surrendered. This provision does not prejudice a creditor’s right
to move to lift the stay prior to confirmation.

Name of Creditor

Description of Collateral to be Surrendered

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G.

Lien Avoidance. The Debtor moves to avoid the following judicial and/or
nonpossessory, non-purchase money liens of the following creditors pursuant to
Section 522(f) (this section should not be used for statutory or consensual liens
such as mortgages):

Rev. 03/08/11

Name of Creditor

Description of Collateral

H.

Optional provisions regarding duties of certain mortgage holders and servicers.
Property of the estate vests upon closing of the case, and Debtor elects to include
the following provisions. (Check if applicable)

( ) Confirmation of the plan shall impose an affirmative duty on the holders

and/or servicers of any claims secured by liens, mortgages and/or deeds of
trust on the principal residence of the Debtor to do the following:

Apply the payments received from the Trustee on the pre-petition

(1)
arrearage, if any, only to such arrearage. For purposes of this plan, the
“pre-petition arrearage” shall include all sums included in the “allowed”
proof of claim and shall have a “0" balance after both: (1) the Discharge
Order in this case has been entered; and (2) payment in full of the allowed
proof of claim has been made.

Deem the pre-petition arrearage as contractually current upon

(2)
confirmation of the plan, thereby precluding the imposition of late
payment charges or other default-related fees and services based solely on
the pre-petition default or defaults.

Apply the post-petition monthly mortgage payments made by the

(3)
Debtor to the post-petition mortgage obligations as provided for by the
terms of the underlying mortgage note. Late charges may be assessed on
post-petition payments as provided by the terms of the mortgage and note.

(4)
Notify the Debtor and the attorney for the Debtor, in writing, of
any changes in the interest rate for any non-fixed rate or adjustable rate
mortgages and the effective date of any such adjustment or adjustments
not less than 60 days in advance of such change or at such time as the
change becomes known to the holder if the change is to be implemented in
less than 60 days.

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Rev. 03/08/11

Notify the Debtor, and the attorney for the Debtor, in writing, of
(5)
any change in the property taxes and/or the property insurance premiums
that would either increase or reduce the escrow portion, if any, of the
monthly mortgage payments and the effective date of any such adjustment
or adjustments not less than 60 days in advance of such change or at such
time as the change becomes known to the holder if the change is to be
implemented in less than 60 days.

(6) Within 60 days after receipt of a written request made by the
Debtor to the servicer or mortgage lender, with a copy served upon its
counsel, the servicer or mortgage lender shall provide Debtor and his
counsel a statement detailing the following amounts paid by the Debtor
post-petition: (1) all payments applied to the principal balance; (2) all
payments applied to interest; (3) all payments applied to any escrow
account; (4) all payments applied to any pre-petition arrearage claim and
the remaining balance; and (5) all fees and charges alleged to have
accrued post-petition, along with an explanation thereof. The statement
may be in the form of a post-petition ledger prepared by the servicer or
lender provided the documents used to prepare same are also provided.
The Debtor may (i) challenge this information by filing a motion with the
court, to be served upon the holder and the Trustee, (ii) propose a
modified plan to provide for payment of additional amounts that the
Debtor acknowledges or the court determines are due, or (iii) take no
action at all. To the extent that amounts set forth are not determined by
the court to be invalid or are not paid by the Debtor through a modified
plan, the rights of the holder to collect these amounts will be unaffected.

3.

PRIORITY CLAIMS

A.

Allowed unsecured claims entitled to priority under section 1322(a) will be paid
in full unless modified under Section 8:

Name of Creditor

Estimated Total Payment

$

$

$

B.

Administrative Claims:

(1)

(2)

Trustee fees. Percentage fees payable to the Trustee will be paid at the

rate fixed by the United States Trustee, not to exceed 10%.

Attorney fees. In addition to the retainer of $ already paid by
the Debtor, the amount of $ in the plan. Any
amount exceeding the Trustee’s applicable no-look fee will

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Rev. 03/08/11
not be paid until a fee application for the requested amount
is approved by the Court. These no-look fees are posted at:
www.mdbba.net/Chapter13Trustee.html.

(3)

Other administrative claims.

Name of Creditor

Estimated Total Payment

$
$
$

4.

UNSECURED CLAIMS

A.

Claims of Unsecured Nonpriority Creditors Specially Classified. Includes
unsecured claims, such as co-signed unsecured debts, that will be paid in full even
though all other unsecured claims may not be paid in full.

Name of Creditor

Reason for Special Classification

Amount of

Claim

Interest
Rate Total Payment

$

$

% $

% $

B.

All remaining allowed unsecured claims shall receive a pro-rata distribution of
any funds remaining after payment of the other classes.

5.

EXECUTORY CONTRACTS AND UNEXPIRED LEASES. The following
executory contracts and unexpired leases are assumed (and pre-petition arrears to be
cured in the plan) or rejected (so indicate):

Name of Creditor

Description of Collateral Monthly
Payment

Interest

Rate

Pre-petition

Arrears

Total

Payment

Assume/
Reject

% $

% $

$

$

$

$

8

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6.





7.

REVESTING OF PROPERTY: (Check One)

Rev. 03/08/11

( )

Property of the estate will vest in the Debtor upon confirmation. (Not to be used
with Section 2H)

( )

Property of the estate will vest in the Debtor upon closing of the case.

STUDENT LOAN PROVISIONS

A.

Student loan provisions. This plan does not seek to discharge student loan(s)
except as follows:

(NOTE: If you are not seeking to discharge a student loan(s), do not
complete this section.)

Name of Creditor

Monthly
Payment

Interest

Rate

Pre-petition

Arrears

Total Payment

$

$

% $

% $

$

$

8.

OTHER PLAN PROVISIONS

A.

Include the additional provisions below or on an attachment. (NOTE: The plan
and any attachment must be filed as one document, not as a plan and
exhibit.)

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Rev. 03/08/11

9.

ORDER OF DISTRIBUTION:

Payments from the plan will be made by the Trustee in the following order:
Level 1:
Level 2:
Level 3:
Level 4:
Level 5:
Level 6:
Level 7:
Level 8:










If the above Levels are not filled-in, then the order of distribution of plan payments will be
determined by the Trustee using the following as a guide:

Level 1:
Level 2:
Level 3:
Level 4:
Level 5:
Level 6:
Level 7:
Level 8:

Adequate protection payments.
Debtor’s attorney’s fees.
Domestic Support Obligations.
Priority claims, pro rata.
Secured claims, pro rata.
Specially classified unsecured claims.
General unsecured claims.
Untimely filed unsecured claims to which the Debtor has not objected.

GENERAL PRINCIPLES APPLICABLE TO ALL PLANS

All pre-petition arrears and cramdowns shall be paid to the Trustee and disbursed to creditors
through the plan.

If a pre-petition creditor files a secured, priority or specially classified claim after the bar date,
the Trustee will treat the claim as allowed, subject to objection by the Debtor. Claims filed after
the bar date that are not properly served on the Trustee will not be paid. The Debtor is
responsible for reviewing claims and filing objections, if appropriate.

Dated: ___________________________


Attorney for Debtor


Debtor


Joint Debtor

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