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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" |