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The Instruction of Finishing Chapter 13 Plan Form Northern District Of Texas on the Internet

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CocoSign's Guide About Finishing Chapter 13 Plan Form Northern District Of Texas

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How Do You Get Chapter 13 Plan Form Northern District Of Texas and Sign It Online?

[Music].[Applause].[Music].[Applause].[Music].the bankruptcy clerk's office with the.assistance of local attorneys in the.chapter 13 trustees office prepared this.short video on the model chapter 13 plan.that is used in this district the.intended audience for this video are.attorneys who may be new to bankruptcy.and their staff who may be called upon.to file a chapter 13 case well the law.allows an individual to file a chapter.13 case on their own this video should.crystallize the realization if not.previously known that an individual.should not file a chapter 13 case.without the assistance of an attorney.before beginning work on the model.chapter 13 plan you will need to have.completed schedules a b c d e f i j in.form 122 c 1 the chapter 13 statement of.a debtors current income and calculation.of the applicable commitment period.determine if the debtor is above or.below the medium income for the state of.residents for chapter 13 case directors.form B 2000 provides a list of required.forms and schedules the schedules are.available on the US courts gov website.by searching for bankruptcy form Kelli.coder an attorney in Bridgeport Ohio.explains her strategy for completing the.schedules and the first draft of the.chapter 13 plan so typically before I.file bankruptcy for our client I meet.with them at least three times it's.really important to get a whole view of.their situation you want to know.everything about their assets about.their income their expenses you want to.know what kind of debts they have are.they drowning in tax debt is it just.secured debt the student learns.everything like that so you want to know.how you're going to approach crafting.the chapter 13 plan after we gather the.information my staff will tie the.information in to best case which is a.bankruptcy software program and then.when the clients coming in to sign.everything I will check the petition.against.the or interview forms to make sure that.the petition accurately reflects what.they've told us during the interview.process that we haven't left anything.out when you're approaching the plan for.each each debtor you have to think about.what they're why they're filing a13 is.it because of too much income are they.trying to stay at the house or a vehicle.is it taxed at that can kind of guide.how you're gonna approach the plan so.sometimes you have people that can do.either a three year plan or a five year.plan and sometimes people want to off to.do the three year plan so they can get.out of bankruptcy as soon as possible.other people would opt to do the five.year because they have a tighter budget.and they'd prefer to have a lower.monthly payment and usually initially at.the first time you have a good idea as.to whether or not a plan is going to be.feasible you have to have income to do a.thirteen doesn't necessarily have to be.wage income I've had people have.pensions and Social Security's about.chapter thirteen it is hard sometimes if.you have a client that comes in and.they're trying to save a house or a.vehicle when they just don't have the.income and you want to help them but.there's really no feasible way to do it.you know I tell my clients I can make it.work on paper but you have to make it.work in real life but sometimes I know.whatever I do on paper there's no way.they can do it in real life and so.that's really hard sometimes the chapter.13 plan is available on the courts.website go to the forms tab local.mandatory forms chapter 13 plan in this.video we're going to work with the Excel.version that is provided by the court.for the caption insert the name of the.debtor and if you don't know the case.number leave a blank later when the plan.is attached to the notice of the date.first set for the chapter 13.confirmation hearing the notice will.have the appropriate case number if you.are amending a previously filed plan.before it is confirmed following the.provided instructions if it is not an.amended plan just skip this section when.the plan asks if the debtor has current.monthly income above the applicable.median income for the state refer to.form 122 c1 if the boxes or mark is.indicated right yes the chapter 13 plan.otherwise right now when the form asks.that the debtor is eligible for a.chapter 13 discharge it is asking if the.debtor filed previous bankruptcy.petition if the debtor has not filed a.previous bankruptcy petition right yes.if the debtor has filed a previous.bankruptcy petition referred to 11 USC.section 1328 F to determine the debtors.eligibility for a discharge in the.current case in part 2 if you are filing.the chapter 13 petition without paying.the filing fee you can ask the chapter.13 trustee make a filing fee payment to.the court from the debtors first planned.payment if the box is marked yes you do.not need to file an application to pay.the filing fee in installments.Helen Morris the chapter 13 trustee for.the state of West Virginia explains how.her office makes the debtors filing fee.payment form plan allows the filing fee.to be paid through the trustee and this.is a great feature for many debtors.because obviously if you're looking at.filing bankruptcy finances money's tight.so you have to pay the attorney.something upfront and if you have to.come up with another three hundred and.ten dollars that may be tough and it may.mean that your case doesn't get filed as.soon as it needs to be filed so if by.allowing the debtors to pay the filing.fee through the trustee is a great.benefit to the debtors and what we do is.that we just we collect the money from.the debtor from the plan payments and.when we have sufficient funds we pay the.clerk's office a filing fee and it's.done when determining monthly income for.a debtor refer to schedule I line 12.line 12 it's income after payroll.deductions and taxes here these joint.debtors have a combined monthly income.of seven thousand and forty nine dollars.and this is the amount that goes in the.chapter 13 plan remember that it is a.good practice to be consistent regarding.a representation of the debtors monthly.income between schedule I and the.proposed plan however an exact match is.not required subtracted from the debtors.monthly income are the debtors.reasonably necessary living expenses.determine this number refer back to.schedule J the schedule J filed with the.petition was all the debtors monthly.expenses however in the plan the number.to insert for the debtors reasonably.necessary living expenses is not likely.to be the same as the sum total of.schedule J when completing the plan I.like to use a working schedule J on this.working version I have deducted certain.expenses that I know will be paid by the.debtors to the chapter 13 trustee I've.deducted the amount for the home.ownership expense I've left the amounts.for food housekeeping childcare to lawn.care and I've deducted car payments I.know will be paid by the chapter 13.trustee on this working schedule J I.determined that the debtors have ongoing.living expenses a four thousand two.hundred and forty-eight dollars this.leaves them with a monthly disposable.income of two thousand eight hundred and.one dollars this is the amount we list.on the chapter 13 plan.Megan priest the attorney for the.chapter 13 trustees office explains how.she arrives at our disposable income.determination so disposable income is.most likely determined by your schedules.I and J so once you have your income.which has all of the deductions taken.out of payroll you're going to take that.number and you're going to Manas your.expenses what's left over is known as.your disposable income your plan.payments are supposed to be equal to.your disposable income the code requires.that the entire amount of your.disposable income is devoted to the plan.so you need to make that as close as.possible to your plan payments and just.a tidbit on your schedule J which is.your expenses if you're making these.payments.correctly you would include those as.part of your expenses however if your.plan proposes that it is paid through.the trustee do not include those in your.expenses so now in part two we have.income available to make plan payments.of two thousand eight hundred and one.dollars these debtors will pay that.amount monthly for the length of planned.which in this case will be sixty months.this is because these debtors claim.income that is above the applicable.median income for the state if the.answer was no then the length of the.plan could be between 36 and 60 months.plan length is determined by 11 USC.Section 1322 D related to plan length in.Section 1322 is the applicable.commitment period in Section 1325 B 4.which requires a debtor to submit his or.her disposable income for the applicable.commitment period of the plan James Boyd.Hoffa a career bankruptcy law clerk at.Wheeling West Virginia explains plan.length and when an exception to the.five-year plan requirement may be.applicable plan length also known as the.applicable commitment period is set by.section 1325 B 4 of the Bankruptcy Code.a debtor whose income is below the.median income for the applicable state.can have a plan of a length as little as.three years but up to five years a.debtor whose income is above the median.in the applicable state however has to.have a plan not shorter than five years.the only exception to the general plan.lengths mandated by 1325 B four as if.the proposed plan pays all allowed.unsecured claims in full in a shorter.period of time if a debtor has other.payment terms include them here payroll.deduction in this district is mandatory.the bankruptcy clerk's office will.prepare the payroll deduction order.based on the information provided in the.original plan if a debtor has other.property to contribute to a chapter 13.plan list that property here.for income tax refunds the district's.model plan reflects the chapter 13.trustees preferred practice now Helen.Morse will explain how tax refunds work.when filing chapter 13 bankruptcy in his.district rule in the jurisdiction is the.first $1,500 of my tax refund is.retained by the debtors and the balance.comes to the estate for the distribution.to creditors in the case the refund is.based on and over withholding so.therefore from the beginning of the case.it was property of the estate the.determination was that the debtors.needed to retain some of the refund.because there were always expenses that.come up that are not dealt with in the.schedule J in our jurisdiction we also.will auditors to retain their tax.credits and I want the cases to work and.that the debtors have a fresh fresh.start when the case is over so I don't.want to strap them during the course of.the case I want them to be able to.complete it get their discharge so we.don't go after the tax credits for the.effective date of the plan length most.debtors choose the date of the first.plan payment which is due 30 days after.the filing of the petition this next.section is a payment analysis there's.nothing for you to do to complete this.section however notice two things first.the trustees fee is based on 10% of the.gross plan base we will speak more on.that topic later second payments not.otherwise specifically designated under.various sections of the plan are all.dedicated to the payment of unsecured.debt this number will have to be.positive at the end the plan for the.plan to be feasible.feasibility is a requirement for.confirmation under 11 USC Section 1325 a.6 it means that the debtor will be able.to make all payments under the plan and.to comply with the terms of the plan.Josie Lugo a bankruptcy law clerk in.Wheeling West Virginia will now explain.what it means for a plan to be feasible.plan is feasible when a debtor has the.financial ability to maintain reasonably.necessary living expenses to maintain.ongoing monthly payments to the chapter.13 trustee and the plan payments are.sufficient to provide positive cash flow.to unsecured creditors after other.payments are made under the plan if a.plan is not feasible.it cannot be confirmed of course a.difference budget like their life is.dynamic if not static mathematical.precision on feasibility is not required.when things happen in the debtors life.like a pay raise the plan can be.adjusted upward when unforeseen.circumstances happen such as a birthing.a child a medical emergency or temporary.loss of income a confirmed plan can be.modified and adjusted downward.feasibility just means that at the time.of confirmation is more likely than not.the debtor can perform a proposed plan.part 3 is dedicated to the payment of an.individual secured debts section 3.1 is.where a debtor list to req pay.obligations direct pay obligations are.payments that are not made to chapter 13.trustee for example if a debtor is.making car payments to em and no bank.and does not need to cure in a rage.because the debtor is current the debtor.can continue to make ongoing contractual.payments directly to em in a bank while.in Chapter 13.notice the amount of the monthly payment.and the number of payments remaining.because this is a direct pay obligation.the debtor will no longer have this.expense in month 50 of the plan that is.why this debtor included an additional.two hundred and twenty dollars a month.instead payments for months fifty to.sixty of the plan here however this was.only included as a demonstration and we.will delete this information.section 3.2 is for the cure of urges and.maintenance of ongoing payments this is.a primary reason why most debtors file.for chapter 13 bankruptcy to cure.arrearage is on a house and car and.maintain these payments over the life of.the plan Todd Johnson will now explain.how the right to cure in maintain works.in practice many people will file a.bankruptcy to stop a foreclosure or stop.a repossession of a car if they file a.chapter 13 and they want to keep their.home and their vehicle they can propose.to pay those loans through the chapter.13 plan with a vehicle they can pay the.loan off at preferred terms even if.they're past 2 they can pay a lower.interest rate they get paid over a.longer term sometimes they can pay less.than what is originally owed on the.vehicle with a mortgage typically if.there's a past 2 amount that passed to.amount plus the regular monthly payment.can get paid through the plan and so.when they come out of bankruptcy their.current on their mortgage include the.creditors name the collateral and the.amount of the arrearage as of the date.of the petition when the trustee is.curing an arrearage on a secured debt.the trustee will also make the payments.on the secured claims these are the.ongoing maintenance payments chapter 13.allows a debtor to pay the arrearage at.0% and maintain the ongoing contractual.payments if the number of payments is.less than the plan length change that.number here note that as we add amounts.payable on the plan our payment analysis.changes and there's now less money being.paid to general unsecured debts.section 3.3 are claims that are not.subject to valuation however a debtor.can modify an interest rate to the.chapter 13 rate which periodically.changes.this section could be advantageous for.example if the debtor has a contract.rate of interest in excess of the.chapter 13 interest rate in this.instance this debtor will pay.approximately two thousand three hundred.and twenty five dollars less by.including the payment in the chapter 13.plan than if the debtor continued direct.payments on this debt including this.debt and the plan will result in a lower.monthly payment and less amount paid.over the life of the plan in determining.whether a cost savings exists for.including a secured creditor in this.section you also have to weigh the cost.of the 10% trustee fee unplanned payment.refer to the payment analysis from the.plan is completed if this number is.still positive at the end of the plan it.might be better for the debtor to.include the debt in the plan if this.number is negative that means the debtor.must find more income or reduce expenses.to make the plan feasible let me take a.moment to explain the chapter thirteen.interest rate at the time of this.filming the federal prime rate was three.point five percent now it has changed.so be aware of this change during the.video and when filing this rate is based.on a 2004 decision by the United States.Supreme Court till versus SCS credit.corporation 541 u.s. 465 in this case.the court said that the chapter 13.interest rate is based on the national.prime rate.plus an adjustment of 1 to 3% to find.the federal prime rate you may go to a.website such as Fed prime rent calm if.this plan were filed at the time of this.video recording the federal prime rate.is five point five percent and adding.the 2 percent risk factor results in a.chapter 13 interest rate of 7.5% which.would be the amount used in the chapter.13 plan section 3 point 5 is for the.valuation of secured claims in this case.the debtor owns a truck and owes $22,000.but the debtor can value the truck in.the chapter 13 plan and paid the actual.value of the truck at the chapter 13.interest rate in this district the Court.determined that automobiles have.presumptive value based on the average.between the Natta retail and trade and.values for example if the vehicle were a.2016 Dodge one way to determine the.presumptive value is to take the rough.trade-in value in the clean retail value.and divide by 2 let's take a look at how.this works in practice here in the.chapter 13 petition the debtor files a.chapter 13 plan then in section 3.5 of.the plan this debtor wants to value a.2016 Subaru at $20,000 to do that the.debtor files a motion determined the.secured status of the automobile and.serves the motion on the effected.creditor then the bankruptcy clerk's.office issues a notice to the affected.creditor that gives them at least 21.days to object to the motion I know.there's notice states 23 days but that.is to account for a potential two-day.delay in mailing.then in this case there is no timely.response and the court entered an order.granting the motion to value and this.district all of this takes place outside.the plan and before the plan is to be.confirmed very briefly let's look at a.second mortgage strip off in a chapter.13 plan now David's Gilman tells us his.interpretation of sentence V Hanson and.how he conducts his practice when a.strip off of a second mortgage would be.appropriate in a chat.thirteen occurs when the value of the.home is only equal to or less than the.amount of the first mortgage so let's.pretend we have a home that has two.mortgages at first and second mortgage.the first mortgage is $200,000 that the.owners of to the bank and the second.mortgage is $50,000 if the value the.home is one hundred and ninety nine.thousand dollars then the home itself is.underwater its value is less than what.is over in the first mortgage that means.the second mortgage is wholly unsecured.there's no value in the house above what.is over the first mortgage to secure.that second mortgage so that second.mortgage can be determined to be.unsecured and then not paid in full.under a chapter 13 plan it can be paid.at the unsecured rate whatever the.unsecured dividend is now let's take.that same scenario but the house the.fair market value of the home is two.hundred and one thousand dollars and the.first mortgage is only two hundred.thousand dollars but the fair market.value of the home is two hundred and one.thousand dollars and we still have that.second mortgage for $50,000 that one.single dollar of equity in the house.that the homeowners have secures that.entire fifty thousand dollars second.mortgage and under that circumstance you.would not be able to strip off the.second mortgage and it would be eligible.to be paid in full in the chapter 13.plan you need to get a really accurate.assessment of what the fair market value.of the house is basically get an.appraisal a good appraisal to see if.it's even worth trying to strip off.let's look at an example of how this.happens in practice in this case the.debtors attorney filed an adversary.proceeding that seeks to value the.property and strip off the second lien.under 11 USC after the complaint was.filed the clerk's office issued a.summons to the debtors attorney the.attorney then served the summons no.timely answer was received by the.clerk's office clerk of court entered.against the defendant for failure to.appear in defend.and filed a motion for default judgment.then when there was no timely respond to.the motion for default judgment a.proposed order prepared by counsel was.sent to chambers for consideration and.as appropriate here entry again all this.was done before confirmation of the.chapter 13 plan some of you may wonder.why this was done by an adversary.proceeding and not by motion bankruptcy.rule 30 12 says a determination of the.value of a claim can be pursued by.motion rule 7000 one governing adversary.proceeding States has to determine the.validity priority extent of a lien.requires an adversary proceeding unless.it is proceeding under Rule 3012 the.reason that we just showed an adversary.proceeding to strip off a lien is due to.a 1995 case from the Fourth Circuit.Court of Appeals send Penn vs. Hanson.all right next I'd like to talk about.the Bankruptcy Court case of satin pen.versus Hanson 1995 case from the Fourth.Circuit Court of Appeals and this is.what the majority opinion said in that.case was that you have to avail yourself.of the bankruptcy rules such as rule.seven thousand ones rule three thousand.twelve and what these rules do is.provide for notice to the opposing party.so that they can prepare a defense and.defend their interests in court in front.of the bankruptcy judge to get a.determination on if their lien has a.secured status or is unsecured.you can't you just can't write it in.your plan and expect it to happen and.routinely in my case is when a strip off.is appropriate I use the bankruptcy.rules to find an adversary proceeding.when I file these if it is very clear.that the property is so far underwater.that.has no chance of proving their case they.usually roll over that either call and.say hey we'll do the green order.agreeing to have the lien stripped off.or they don't even file a response and.it goes out on default judgment and then.as long as the creditor the debtor gets.through the end of the plan and gets a.discharge that second mortgage will be.released if the debtor for some reason.doesn't complete the plan converts the.chapter 7 or just as their chapter 13.dismissed that strip off is an operative.it doesn't work section 3.6 is used in.the avoidance of certain judicial liens.like the evaluation of secured property.and requires a separate proceeding first.the form to avoid a judicial lien is on.the courts website in this case here is.the filed motion to avoid a judicial.lien the use of the courts form with the.attached abstract of judgment once the.motion is filed the clerk's office.issues a notice to the judicial lien.holder if no timely response is received.the court reviews and as appropriate.enters the order prepared by counsel.section 3.7 is used for the surrender or.sale of collateral like property.valuation and judicial lien avoidance.sales take place outside of the chapter.13 plan and sales are listed here for.information purposes here the debtor is.surrendering an ATV to the secured.creditor and the debtor should make.arrangements with the creditor part for.the plan is for professional fees and.other priority claims as previously.noted the chapter 13 trustees fee is.calculated at 10% of the gross plan base.the chapter 13 trustees fee is actually.less than 10% staff attorney Megan.prease explains why the rate used in the.plan is 10 percent now Megan priest will.explain the 10 percent trustees fee and.how it works in practice the 10 percent.trustee fee is the statutory maximum.that the trustee can charge this is the.total operating expenses for the office.we do not receive any government funds.these fees go to paying the staff paying.the trustee the staff attorney they also.go to the expense.that you have that arise from a case so.for example all the checks that we would.mail out the 10% we do as a flat fee.because the percentage can fluctuate.throughout the case if you have a.three-year case or a five-year case that.fee can fluctuate at any time so it.could be currently it's 8.5% that could.increase up to 9% any day and we would.be required to pay that 9% from then on.we allow this as a cushion because that.way if we have the extra money we're not.required to go to the debtor every time.that the percentage changes and ask the.debtors to change their plan payments.this allows us also a little bit of.wiggle room if unsecured claims come in.or if we get post-petition financing or.post-petition fees it allows us a little.bit of cushion so we're not requiring a.modification every time one way to.obtain the actual chapter 13 trustees.fee it's a visit the u.s. trustees.program website means testing.information schedule of actual.administrative expenses for West.Virginia here we see at the time of this.video the actual fee is 8% section 4.3.is used for attorneys fees insert the.total amount of the attorneys fee.subtract any amount that has previously.been received and they remainder will be.paid by the trustee in the chapter 13.plan generally if there's enough funds.these attorneys fees will be paid in.full on confirmation regarding trustees.fees and fees for debtors attorneys.refer back to the payment analysis.remember a debtor is paying their.disposable income into the chapter 13.plan and it may not matter to the debtor.how much of the fee is dedicated to the.chapter 13 trustee or to the debtors.attorneys so long as the return to the.unsecured creditors is a positive amount.if a debtor has domestic support.obligations list those in section 4.4 if.it is the intention of the debtor to.have those paid through the plan if for.instance this debtor had a $1200.arrearage and had ongoing monthly.support obligations of 3.dollars a month both of these could be.paid by the chapter 13 trustee if they.were current and the amount of the.ongoing support obligations should be.included in this number to provide a.lesser amount for disposable income.section 4.5 is used for other priority.debts as defined by 11 USC Section 507.section 507 lists debt that are entitled.priority in the Bankruptcy Code first.our domestic support obligations which.are already dealt with in the plan.second are administrative expenses these.are generally chapter 13 trustee fees.and attorney fees.then an eighth priority are allowed.claims of governmental units generally.tax claims if you are not sure that your.tax claim constitutes a priority claim.you can try to make sense of this.provision also in Chapter thirteen the.discharge does not apply to taxes of the.kind specified in 507 a eight therefore.it's very important for a debtor to.include tax claims in their chapter 13.plan and if they're not sure if a tax.claim is owed it is likely a good idea.told us the IRS or the state tax.department to force that creditor to.file a proof of claim Tom flew Hardy an.attorney in Clarksburg West Virginia.explains in a tax claim is dischargeable.in bankruptcy Section 507 of the.Bankruptcy Code lists all of the.priority debts.generally speaking priority debts are.unsecured by definition they are your on.speaking non dischargeable and in a.chapter 13 they must be paid in full.inside the plan unless the creditor.agrees to some alternative treatment.income taxes that are due in the three.year time period prior to filing and not.assessed within the last 240 days our.priority another way of viewing that is.to try to determine whether or not the.taxes are dischargeable typically what I.do is I contact the Internal Revenue.Service and get a tax transcript from.them to see what has been filed if the.tax return has not been filed then it's.not dischargeable it's only been filed.in the last two years it's not.dischargeable and if it's for tax year.that ended within the last three years.it's not dischargeable one way of.looking at it the question you ask.yourself is what returns are now due for.instance 2015 taxes would be doing.payable on April 15 2016 down any.extensions since we're more than three.years beyond April 15th of 2016 at this.point April 15th taxes might be.dischargeable and therefore not a.priority debt as long as they were filed.more than two years ago and as long as.there's been an assessment that.assessment is more than 240 days old you.have to have all of those I've been.asked to discuss a couple of different.issues one is how.state tax Department in West Virginia.estimates claims where returns have not.been filed and the way they do that is.they review a taxpayers tax history and.they determine the highest liability.quarter or period that's on file and.then they they go above that they.essentially juice that number up when.you look at a proof of claim filed by.the state tax department as an attorney.if it has a rounded number and even.number such as ten or fifteen thousand.dollars then it's likely that's that's.just an estimate an assessment by them I.sometimes called in jeopardy assessments.if it's an odd number like seven.thousand four hundred and fifty nine.dollars and that more likely is a number.that's based upon an actual calculation.or an audit so if you have a number that.is an even number it's likely that the.return has not been filed and and those.returns have to be filed because the.liability is so high when they estimate.it like that it makes the plan.unfeasible or taxpayers future very.difficult and most typically debt or tax.that you find cases is an income tax and.the best way to approach that is to.contact Internal Revenue Service you.have to get either as two different.forms that will allow me provide.information to you once a power of.attorney and wants to to receive tax.information there's a hotline number for.attorneys with Internal Revenue Service.you can call that you can talk to them.on the phone you can ask them for a fax.number to fax the document to you can.fax the dock to them they will receive.the fax and they'll return the.information to you pretty quickly other.than that it's sometimes a very.laborious and time-consuming process to.get tax documents section five point one.is for direct payments on unsecured debt.here the debtor listed a student loan.creditor at a payment of three hundred.and twenty five dollars a month and the.debtor intends to continue making.post-petition under 11 USC Section 1322.B governing the contents of a plan the.plan may designate a class or classes of.unsecured claims but may not unfairly.discriminate against any class so.designated in this district bankruptcy.judge flatly held that student loan.creditors could be a separate class in a.chapter 13 plan on the basis at the aim.of the Bankruptcy Code is to afford a.debtor a fresh start Congress expressly.chose to favor student loan.over unsecured debts and the exception.to discharge for a student loan is not.based on the bad conduct of a debtor.finally there is a strong public policy.favoring the nation's student loan.program in some instances it is possible.to discharge a federal student loan by.showing that repayment would constitute.an undue hardship on the debtor in.practice however this statutory standard.is very difficult to meet in section 5.2.the debtor may cure an arrearage on an.unsecured debt such as a lease and to.maintain contractual payments through.the plan section five point four.concerns unsecured claims notice that.the estimated dividend to unsecured.claims is not completed there's nothing.to do to complete this section this.estimated dividend will auto complete.once the liquidation analysis is.completed at the end of this plan in.section 6.1 the debtor has the.opportunity to assume leases any lease.that is not specifically listed here is.rejected in section 8.1 a debtor has an.opportunity to put any non-standard.provision in the plan these are.provisions that do not fit within any.other class and the plan for the.liquidation analysis you will need to.refer to schedules a B D and C the.liquidation analysis is part of the plan.because as a requirement of confirmation.the value as with the effective date of.the plan must be at least equal to what.creditors received if the case were.filed under Chapter 7 there are two.payment provisions in confirmation one.is the best interest of creditors tests.which measures the outcome in chapter 13.as compared to the outcome in chapter 7.second is a disposable income test which.requires the debtor to pay what the.debtor can afford to creditors over the.life of the plan for the liquidation.analysis include real property listed on.schedules a B the amount of liens on.Schedule D and any exemption claimed.complete the same process for Motor.Vehicles for other assets list the large.value items such as lawsuits or.retirement and for smaller items claimed.on a B you can lump them together the.purpose of this form is only to inform.the chapter 13 trustee of what assets.might be pertinent.after seven case here the debtor has.non-exempt equity to liquidate in.Chapter seven however assume this debtor.has a $50,000 non-exempt assets so in.Chapter seven this value would be paid.to creditors we can subtract a chapter 7.trustees commission and we have an.amount payable to general unsecured.creditors in Chapter 7 creditors would.receive approximately a fifty-four.percent distribution here in this plan.creditors are only estimated to receive.a forty one percent distribution to keep.this item of property this debtor would.need to pay more to creditors in the.plan to ensure that creditors would be.at least as well-off as they would be in.Chapter seven and completing the.liquidation analysis almost all the.information should Auto calculate and.the estimated dividend to unsecured.creditors should appear in Section five.point four my client an attorney in.Bridgeport West Virginia explains how to.calculate the chapter seven attorneys.fees well in the chapter thirteen.liquidation analysis now when we come to.litigation we kind of look at litigation.in the chapter thirteen kind of various.ways we may provide for it in the.chapter 13 plan that we're going to get.exempt part of it and we can't exempt.part of it so that kind of forces us to.kind of set some sort of a value because.sometimes we'll put a value is unknown.and kind of let it slide through the.liquidation analysis exempt part of it.and then address it inside the plan you.know how we're going to do it or orient.or by way of petition so in other words.what we do is we do it the old-time way.where we actually sit down and we.actually look at what we're doing what.we have and then divide by 0.9 to come.up with what kind of numbers we're going.to have to pay under the chapter.thirteen but it's all a simple case of.just looking at what they would get in a.chapter seven and handling it.accordingly now as far as attorneys fees.go obviously attorneys fees somebody has.to represent them in that personal.injury case generally it's not us.because they already have an attorney.that's well into it or some other kind.of litigation and we'll have to hire.them to represent the estate.the or the debtor is.debtor-in-possession and those attorneys.fees when we set the value we're already.figuring out some kind of a net value at.least that's what I do other people may.not but I said kind of net so that.number that I've set as an asset and.maybe running through my liquidation.analysis if some my best guess is what.we might get after the attorney's fees.and everything else in this short video.we covered a lot of chapter thirteen.topics very quickly if this is your.first time completing the model chapter.13 plan it's not easy.many law students law clerks and new to.bankruptcy attorneys struggle with.completing the plan over time and with.familiarity it becomes much easier and.you may be able to complete the plan in.as little as 10 minutes for the first.time however you should expect to spend.several hours working through the plan.if you are watching this video because.you want to file a chapter 13 case on.your own you should know enough now not.to proceed without an attorney filing by.yourself to save a house or a car should.be the last resort not the first if you.have further questions about how to.complete the model chapter 13 plan you.can call the office of the bankruptcy.clerk or the office of the West Virginia.chapter 13 trustee however we cannot.answer legal questions we can only.assist you with matters that are.procedural in nature so before you call.make sure that your question is an.appropriate one.[Music].[Music].

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Chapter 13 Plan Form Northern District Of Texas FAQs

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Do you need a license to run a home daycare?

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If you want a refresher on the written test, take a COMEDY DEFENSIVE DRIVER course, in attendance. You are given answers (shush), they are more concerned with required attendance. Plus Texas insurance discount for three years, ten percent.

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