CHAPTER 13 PLAN

Pursuant to 11 U.S.C. Section 1321

UNITED STATES BANKRUPTCY COURT

[DISTRICT NAME]

In re:

[DEBTOR NAME(S)],

Debtor(s).

Case No.: _________________
Chapter: 13

CHAPTER 13 PLAN

[DEBTOR NAME(S)] ("Debtor(s)") propose(s) the following Chapter 13 Plan pursuant to 11 U.S.C. Sections 1321 and 1322:

PART 1: PLAN PAYMENTS AND TERM

1.1 Payment Amount and Frequency

Reference: 11 U.S.C. Sections 1322(a)(1), 1326(a)(1)

The Debtor(s) shall pay to the Chapter 13 Trustee the sum of:

☐ $[AMOUNT] per month for [NUMBER] months

☐ Step Plan:
- Months 1-[__]: $[AMOUNT] per month
- Months [__]-[__]: $[AMOUNT] per month
- Months [__]-[__]: $[AMOUNT] per month

Total Plan Payments: $[TOTAL]

1.2 Plan Term

Reference: 11 U.S.C. Section 1322(d)

The plan term shall be [36/60] months.

☐ Debtor(s) are below median income - applicable commitment period is 36 months
☐ Debtor(s) are above median income - applicable commitment period is 60 months
☐ Debtor(s) are paying 100% to unsecured creditors - plan may be shorter

1.3 Payment Commencement

Payments shall commence within 30 days after the petition date and continue on the same day of each succeeding month. The first payment is due on or before [DATE].

1.4 Payment Method

☐ Wage deduction order (recommended)
- Employer: [EMPLOYER NAME]
- Employer Address: [ADDRESS]

☐ Direct payment by Debtor to Trustee
☐ ACH/Electronic debit

PART 2: TREATMENT OF ADMINISTRATIVE CLAIMS

Reference: 11 U.S.C. Section 503

2.1 Trustee's Compensation

The Chapter 13 Trustee shall receive compensation as determined under 28 U.S.C. Section 586(e)(1)(B).

2.2 Debtor's Attorney Fees

☐ Pre-confirmation fees of $[AMOUNT] have been paid
☐ Fees of $[AMOUNT] shall be paid through the plan at $[AMOUNT] per month
☐ Total attorney fees: $[AMOUNT]
- Paid before filing: $[AMOUNT]
- To be paid through plan: $[AMOUNT]

☐ No-look fee pursuant to Local Rule [CITE]: $[AMOUNT]
☐ Fees subject to Court approval per 11 U.S.C. Section 330

2.3 Other Administrative Claims

PART 3: TREATMENT OF SECURED CLAIMS

Reference: 11 U.S.C. Sections 1322(b)(2), 1325(a)(5)

3.1 Claims Secured by Debtor's Principal Residence

Reference: 11 U.S.C. Section 1322(b)(2) - Anti-modification provision

3.1.1 First Mortgage - Maintain Current Payments

The Debtor(s) shall maintain current contractual payments directly to the creditor. These payments are not included in the plan payment amount unless paid through the Trustee.

3.1.2 Mortgage Arrears Cure

Reference: 11 U.S.C. Section 1322(b)(5)

The pre-petition arrears shall be paid in full through the plan over the plan term.

3.1.3 Second Mortgage / HELOC

☐ Maintain payments - Same treatment as first mortgage
☐ Lien strip - See Part 3.5 below

3.2 Secured Claims on Vehicles (910-Day Rule Applies)

Reference: 11 U.S.C. Section 1325(a)(9) ("hanging paragraph")

Vehicle Purchased Within 910 Days Before Filing

The full claim amount shall be paid as a secured claim.

Vehicle Purchased More Than 910 Days Before Filing (Cram Down Available)

The secured claim shall be paid based on the value of the collateral. The unsecured portion shall be treated as a general unsecured claim.

3.3 Other Secured Claims

3.4 Surrendered Collateral

The following collateral shall be surrendered to the creditor upon confirmation:

3.5 Lien Stripping (Wholly Unsecured Liens)

Reference: 11 U.S.C. Section 506(a); Dewsnup exception does not apply in Chapter 13

The following liens are wholly unsecured and shall be stripped:

Basis for Lien Strip: The value of the property is less than the amount owed to senior lienholders. Therefore, the junior lien is wholly unsecured and shall be treated as a general unsecured claim.

☐ Motion to value collateral filed/to be filed
☐ Order avoiding lien to be entered upon completion of plan

PART 4: TREATMENT OF PRIORITY CLAIMS

Reference: 11 U.S.C. Sections 507(a), 1322(a)(2)

4.1 Domestic Support Obligations

Reference: 11 U.S.C. Section 507(a)(1)

Current DSO payments of $[AMOUNT] per month shall continue to be paid directly by Debtor(s).

4.2 Priority Tax Claims

Reference: 11 U.S.C. Section 507(a)(8)

Priority tax claims shall be paid in full over the life of the plan with interest at ____% per annum (if required by applicable law).

4.3 Other Priority Claims

Reference: 11 U.S.C. Section 507(a)(2)-(10)

PART 5: TREATMENT OF UNSECURED CLAIMS

5.1 General Unsecured Claims

Reference: 11 U.S.C. Section 1322(a)(3)

☐ Pro rata distribution: General unsecured creditors shall receive a pro rata distribution of available funds after payment of administrative, secured, and priority claims.

Estimated dividend to general unsecured creditors: _____%

☐ 100% plan: All allowed general unsecured claims shall be paid in full.

☐ Minimum percentage: General unsecured creditors shall receive not less than _____%.

5.2 Projected Distribution to Unsecured Creditors

5.3 Specially Classified Unsecured Claims

Reference: 11 U.S.C. Section 1322(b)(1)

☐ No specially classified unsecured claims

☐ The following claims are separately classified:

Classification must not discriminate unfairly.

PART 6: EXECUTORY CONTRACTS AND UNEXPIRED LEASES

Reference: 11 U.S.C. Section 1322(b)(7)

6.1 Contracts/Leases to be Assumed

6.2 Contracts/Leases to be Rejected

PART 7: NON-STANDARD PROVISIONS

7.1 Vesting of Property

Upon confirmation, all property of the estate shall vest in the Debtor(s):

☐ Upon confirmation of the plan
☐ Upon completion of the plan and entry of discharge

7.2 Post-Petition Claims

Reference: 11 U.S.C. Section 1305

☐ No post-petition claims are included in this plan
☐ The following post-petition claims are included:

7.3 Adequate Protection Payments

Pending confirmation, the Debtor(s) shall make the following adequate protection payments:

7.4 Tax Refunds

☐ Debtor(s) shall turn over all tax refunds exceeding $[AMOUNT] to the Trustee
☐ Debtor(s) shall retain all tax refunds
☐ Other treatment: _________________________________

7.5 Other Non-Standard Provisions

_____________________________________________________________________________

_____________________________________________________________________________

PART 8: CONFIRMATION REQUIREMENTS

Reference: 11 U.S.C. Section 1325

The Debtor(s) assert that this plan meets all confirmation requirements:

8.1 Good Faith - Section 1325(a)(3)

☐ This plan has been proposed in good faith and not by any means forbidden by law.

8.2 Best Interests Test - Section 1325(a)(4)

☐ Each unsecured creditor will receive at least as much under this plan as they would receive in a Chapter 7 liquidation.

Liquidation Analysis:
| Asset | Value | Exemption | Non-Exempt |
|-------|-------|-----------|------------|
| [ASSET] | $_______ | $_______ | $_______ |
| Total Available in Chapter 7 | | | $_______ |

8.3 Feasibility - Section 1325(a)(6)

☐ The Debtor(s) will be able to make all payments under the plan and comply with the plan.

Budget Summary:
| Income | $_____________ |
| Expenses (excluding plan payment) | ($____________) |
| Plan Payment | ($____________) |
| Surplus/(Deficit) | $_____________ |

8.4 Disposable Income - Section 1325(b)

☐ Below median: This plan provides for payment of all disposable income for 36 months, or pays 100% to unsecured creditors
☐ Above median: This plan provides for payment of all projected disposable income for 60 months, or pays 100% to unsecured creditors

PART 9: DEBTOR'S CERTIFICATION

The Debtor(s) certify that:

1. All plan provisions are consistent with the Bankruptcy Code
2. All information provided is true and correct
3. The Debtor(s) will make all plan payments
4. Current domestic support obligations will be maintained
5. All required tax returns have been filed

Dated: ____/____/________

Debtor 1: _________________________________

Debtor 2: _________________________________

Attorney for Debtor(s): _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[PHONE]
[EMAIL]

EXHIBITS

☐ Exhibit A: Schedule of Secured Claims
☐ Exhibit B: Schedule of Priority Claims
☐ Exhibit C: Liquidation Analysis
☐ Exhibit D: Disposable Income Calculation
☐ Exhibit E: Proposed Order Confirming Plan

Template Version 1.0 - Updated January 2026
References: 11 U.S.C. Sections 1321, 1322, 1325; Official Form 113; Fed. R. Bankr. P. 3015