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(NCWB) North Carolina Western District Chapter 13 Plan Instructions

RoyRoy Posts: 6
edited June 2014 in BankruptcyPRO
If paying interest on arrearage for a mortgage creditor, click on the button to "Make Arrearage Claim" on the Plan tab in the creditor.

If there is more than one real property, YOU MUST designate the principal residence.

Question 1 - After running Plan calculator, record the percentage paid to unsecured. It will be entered here.

Question 2 – Is someone helping the Debtor make the Plan payments?

Question 3 – Direct Payment proposed

Question 4 – Special treatment of Unsecured Claims

Question 5 – Other Special Terms

Applicable Motions – Check the motions applicable to this plan. (To check a box, double-click on the box; to uncheck, double-click again.

Section 1(a) - (The answer to Question 1 will display here.)

Section 1(b) – (The answer to Question 2 will display here.)

Section 1(c) – Attorney fees are entered on Fee Disclosure tab (F button). The balance due will need to entered as a priority creditor with the type of priority set to "Attorney fees for this case." You may choose not to have the creditor appear on the schedules or matrix at your discretion, but they will need to be a creditor in the case for purposes of calculating a payment to them under the plan.

2 – Secured Claims
2(a) –
Conduit (Mortgage) Secured Creditor. On the Plan tab in the creditor, select: Retain Collateral, Principal Residence, Real Property, Paid through the Plan (Not Direct Pay).
Direct (Direct Pay) – Secured Creditor. On the Plan tab in the creditor, select: Retain Collateral, Direct Pay MUST be checked.
910/365 – Secured Creditor. On the Plan tab in the creditor, select: Retain Collateral, NOT Direct Pay, NOT Arrearage, NOT Principal Residence, NOT Real Property, Section 1325(a) must be checked, Pay Claim (disregard unsecured portion).
As Valued – Secured Creditor. On the Plan tab in the creditor, select: Retain Collateral, NOT Direct Pay, NOT Arrearage, NOT Principal Residence, NOT Real Property, Pay Claim or value, whichever is less, Section 1325(a) is NOT checked.
Surrender - Secured Creditor. On the Plan tab in the creditor, select: Surrender.
Avoidance (Judicial) – Secured Creditor. On the Plan tab in the creditor, select: Retain Collateral. Set a User-Defined Class of Judicial on the Creditor Information tab., Real Property (Problem with multiple properties)****
Avoidance – Secured Creditor. On the Plan tab in the creditor, select: Retain Collateral, Pay Claim or value, whichever is less

3 - Priority Claims – Priority Creditor. On the Plan tab in the creditor, select: Retain Collateral ****

3(a) Section 507(a)(2-10) Priority Claims other than DSO-

3(b) – Domestic Support Obligations (“DSOs”)
DSO – Priority Creditor, Type of Priority: Domestic Support Obligations

4 Special Terms -
(a) If NONE, double-click the check box on the plan output to check the box.
(b) Question 3 Brief Comment Explaining Direct Payment Treatment for Secured Claims under paragraph 2(a)
(c) Question 4 Special Treatment of Unsecured Claims and Explanation of Treatment
(d) Question 5 Other Special Terms:
5 – Plan Motions
5a - Personal Property & Household Goods Lien Avoidance
5b – Judicial Lien Avoidance

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