Wayne Godare, Chapter 13 Trustee

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***New Proof Of Claim Form***     Frequently Asked Questions  

 

Correspondence Address:
222 SW Columbia Street
Suite 1700
Portland, OR 97201
(503) 972-6300
fax: (503) 972-6313

Office Hours:
9:00 am to 4:00 pm
(Closed from 12pm to 1pm)
Monday - Friday

Payment Address:
Wayne Godare
Chapter 13 Trustee
P.O. Box 420
Memphis, TN 38101-0420
 

Standard Language

 

Summary of Changes

Revision 04-05-2013:
#28: Modified to read "All funds due to unsecured claims..." from "All funds available to unsecured claims..."

Revision 01-21-2013:
#32 added

Revision 12-28-2012:
#24: The following note was added:
Note: If you are using this method to pay for the automobile, the Trustee will not be paying interest through the plan. Any interest due under the contract will be included in the final amount due the creditor and will be paid as part of the final balance to be determined when the total debt is paid outside the plan and after discharge.

Revision 11-05-2012:
#30: Un-bolded the third paragraph and slightly changed the wording about the court requiring an affidavit of live testimony. That instruction is now underlined.

#16: Added a second sentence to the paragraph narrative and added a provision adding the income to plan paragraph 1(e).

Revision 10-16-2012:
#30 Retention of Tax Refunds. At the judges' request a paragraph was added explaining that debtors must be prepared to justify refund retentions that cannot be proven by receipts and/or invoices. The wording of the standard language paragraph has not changed.

Revision 10-04-2012:
#19 Updated last sentence to read: In the event there is a “best interest number” in paragraph 2(g), that number will be distributed to all unsecured creditors, including (name of creditor) pursuant to §1325(a)(4) notwithstanding any distribution to the co-debtor payments.”

Revision 08-17-2012:
#31 Deleted - Duplicative of #11
New #31 added for Modified Plans
#19 - legal language added

Revision 06-12-2012:
#31 Added - Pre-Confirmation attorney fees in Paragraph 2(b)(4)

Revision 04-30-2012:
Complete Re-write of Standard Language

Revision 12-14-2011:
#33 Pending Loan Modification

Created distinguished language for Pre-confirmation and Post-confirmation cases.

Revision 09-07-2011:
#27 Ongoing Mortgage Payments Through Plan

Previous version required debtor/counsel input of the address to send payments, we will now send the payments to the address listed on the proof of claim.

Revision 07-18-2011:
#27 Ongoing Mortgage Payments Through Plan

Previous version called for a value, new version leaves the value column blank.

Revision 05-23-2011:
#4 Future Automobile Purchases

Old sentence:

If for any reason the purchase is not consummated within that time, the funds so set aside will be forwarded to the Trustee for distribution under the Plan and the debtor(s) “projected disposable income” will be recalculated to account for the change in expenses with paragraph 1(a) adjusted accordingly. 

 Replacement sentence:

If for any reason the purchase is not consummated within that time, the funds so set aside will be forwarded to the Trustee for distribution under the Plan and the debtor(s) plan payment in paragraph 1(a) will be recalculated and increased in an amount equal to the amount of the proposed automobile payment.

Revision 04-20-2011:
#16 Retention Of Tax Refunds - added a "NOTICE" at the end of the paragraph.

Revision 04-15-2011:
#34 Future Employment - NEW!

Revision 12-21-2010:
#9 Long Term Student Loans - Paragraph regarding student loan claims for over median debtors with discretionary income has been removed as well as the "NOTE" associated.

Revision 12-08-2010:
#19 Lien Stripping - The change removes the requirement that the debtor receive a discharge to successfully strip an under-secured lien from a residence.

Revision 11-30-2010:
#19 Lien Stripping - The last sentence was added instructing that any proceeds collected under this paragraph be added to paragraph 1(e) of the Plan.

Revision 10-14-2010:
#16 Retention of Tax Refunds - The confusing language about apportioning the EIC and non EIC part of the refunds has been removed

#19 Lien Stripping - Changes the word "void" to "avoid"

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