- Category: Judge Karlin
- Published on 15 October 2008
- Written by Judge Karlin
- Hits: 6949
Chapter 13 Trustee's Confirmation Order
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
ORDER CONFIRMING PLAN
The Court has determined that the Debtor’s Plan meets the confirmation
requirements of Chapter 13 of Title 11 of the United States Code. The Court finds that
the Plan as ORIGINALLY FILED or AS AMENDED is confirmed, and ORDERS:
PAYMENTS. Debtor shall make BI-WEEKLY payments of $325.00, as
required by the Plan as confirmed to: Name of Trustee, TRUSTEE, Trustee’s
Address. If Debtor’s employer is required to make the Plan payment but does not,
then Debtor is ultimately responsible to timely make all Plan payments.
DEBTOR ULTIMATELY RESPONSIBLE FOR PLAN PAYMENTS. If
Debtor’s employer is not ordered to make payments to the Trustee and if Debtor
does not make timely payments, the Trustee may request, and the Court may
order, without further notice, Debtor’s employer to make such payments to the
CHANGE OF ADDRESS OR EMPLOYMENT. Debtor shall immediately
notify the Court and the Trustee, in writing, of any change of address or any
change in employment. Notice of a change in employment shall include the name
and appropriate mailing address for the payroll department of the new employer.
INCURRING POST-PETITION DEBT. DEBTOR SHALL NOT INCUR
ANY ADDITIONAL DEBTS DURING THE PENDENCY OF THE PLAN
WITHOUT PRIOR APPROVAL BY THE COURT OR THE TRUSTEE,
EXCEPT DEBTS THAT MAY BE NECESSARY FOR THE PROTECTION
AND PRESERVATION OF LIFE, HEALTH OR PROPERTY, SUCH AS
FOOD, CLOTHING, LODGING OR MEDICAL CARE FOR DEBTOR AND
DISPOSAL OF PROPERTY. During the pendency of this case, Debtor is
enjoined and prohibited from selling, encumbering, or in any manner disposing of
assets without prior order of the Court, except as may be required in the course of
Debtor’s business, if Debtor is engaged in business.
TAX RETURNS. Debtor shall timely file all tax returns that become due during
the pendency of the case, and provide a copy to the Trustee at the same time the
return is filed, if requested by the Chapter 13 Trustee.
LENGTH OF PLAN. Nothing in the plan shall be construed to permit a below-
median income debtor to receive a discharge before three years, or an above
median debtor before five years.
MORTGAGE DEFAULTS. The amount of the pre-petition mortgage note
arrearage, if any, as specified in real creditor’s proof-of-claim, shall govern,
unless the amount is specifically controverted in the plan or by an objection to the
claim as required by D. Kan. LBR 3015(b).1. Creditors will be bound by the
interest rate stated in the plan, unless modified by a separate order.
If Debtor pays the pre-petition arrearage as determined in the foregoing
paragraph, together with interest, if any, as specified in the plan, all pre-petition
defaults will be cured and the note and other loan documents will be deemed
current as of the date of filing, extinguishing any right of the mortgagee to recover
any amount alleged to have arisen prior to the filing of the petition or to declare a
default of the note, mortgage, or other loan documents based upon pre-petition
No real estate creditor shall ever assess, charge or collect, from either the debtor
or the real estate collateral, any assessments, fees, costs, expenses or any other
monetary amounts, exclusive of principal, interest, taxes and insurance, that arose
from the date of the filing of the bankruptcy petition to the entry of the Order of
Discharge except as may be allowed by court order or an allowed proof of claim.
PAYMENTS TO UNSECURED CREDITORS. The amount to be paid to
unsecured creditors, in an above median case, shall be determined in accordance
with Line 58 of B22C or an order of the Court to the contrary. Confirmation of
the plan is without prejudice to the Trustee, Debtor or other party in interest
seeking a modification of that amount based upon the actual claims filed for
pertinent obligations, such as domestic support obligations or tax liability.
Additionally, a recalculation of the pool to be paid to unsecured creditors may be
altered by the actual amount of the plan payment, and trustee fees. Any further
items to be paid from the pool will occur only upon the entry of a Court order
after a motion with a notice and opportunity for hearing.
CONFIRMATION OBLIGATIONS. Confirmation of this plan is a finding that
Debtor has complied with all of the applicable provisions of 11 U.S.C. §§ 1322
and 1325 and that Debtor has fulfilled all pre-confirmation obligations under 11
U.S.C. § 521.
NOTICE PROVIDED. The Court finds that written notice of the confirmation
hearing has been given by mail to all creditors and interested parties as shown by
Debtor’s schedules filed herein, which notice is hereby approved.
TRUSTEE FEE. The Trustee is authorized to deduct a floating percentage fee
up to the statutorily allowed maximum of the amount paid in under the Plan, as an
VESTING. After approval of the Trustee’s Final Report and Account by the
Court, all property of the bankruptcy estate that is not proposed or reasonably
contemplated to be distributable under the Plan, shall re-vest in Debtor as
Debtor’s property following dismissal or discharge.
# # #
Prepared and Approved by:
s/ Name of Trustee – TRUSTEE
Date Plan Confirmed: