Official Form 113 "Chapter 13 Plan"

What Is Official Form 113?

This is a legal form that was released by the United States Bankruptcy Court on December 1, 2017 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on December 1, 2017;
  • The latest available edition released by the United States Bankruptcy Court;
  • Easy to use and ready to print;
  • Yours to fill out and keep for your records;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Official Form 113 by clicking the link below or browse more documents and templates provided by the United States Bankruptcy Court.

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Download Official Form 113 "Chapter 13 Plan"

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Fill in this information to identify your case:
Debtor 1
__________________________________________________________________
First Name
Middle Name
Last Name
Check if this is an amended
Debtor 2
________________________________________________________________
plan, and list below the
(Spouse, if filing)
First Name
Middle Name
Last Name
sections of the plan that have
been changed.
United States Bankruptcy Court for the: ______________________ District of ______________
_________________________________
(State)
_________________________________
Case number
___________________________________________
(If known)
Official Form 113
Chapter 13 Plan
12/17
Part 1:
Notices
To Debtors:
This form sets out options that may be appropriate in some cases, but the presence of an option on the form does not
indicate that the option is appropriate in your circumstances or that it is permissible in your judicial district. Plans that
do not comply with local rules and judicial rulings may not be confirmable.
In the following notice to creditors, you must check each box that applies.
To Creditors: Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated.
You should read this plan carefully and discuss it with your attorney if you have one in this bankruptcy case. If you do not
have an attorney, you may wish to consult one.
If you oppose the plan’s treatment of your claim or any provision of this plan, you or your attorney must file an objection to
confirmation at least 7 days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy
Court. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed. See
Bankruptcy Rule 3015. In addition, you may need to file a timely proof of claim in order to be paid under any plan.
The following matters may be of particular importance. Debtors must check one box on each line to state whether or not the plan
includes each of the following items. If an item is checked as “Not Included” or if both boxes are checked, the provision will
be ineffective if set out later in the plan.
1.1
A limit on the amount of a secured claim, set out in Section 3.2, which may result in a partial
Included
Not included
payment or no payment at all to the secured creditor
1.2
Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set out in
Included
Not included
Section 3.4
1.3
Nonstandard provisions, set out in Part 8
Included
Not included
Part 2:
Plan Payments and Length of Plan
:
2.1
Debtor(s) will make regular payments to the trustee as follows
$ ___________
per_______
for _____ months
[and $ ___________ per_______
for _____
months.] Insert additional lines if needed.
If fewer than 60 months of payments are specified, additional monthly payments will be made to the extent necessary to make the
payments to creditors specified in this plan.
Official Form 113
Chapter 13 Plan
Page 1
Fill in this information to identify your case:
Debtor 1
__________________________________________________________________
First Name
Middle Name
Last Name
Check if this is an amended
Debtor 2
________________________________________________________________
plan, and list below the
(Spouse, if filing)
First Name
Middle Name
Last Name
sections of the plan that have
been changed.
United States Bankruptcy Court for the: ______________________ District of ______________
_________________________________
(State)
_________________________________
Case number
___________________________________________
(If known)
Official Form 113
Chapter 13 Plan
12/17
Part 1:
Notices
To Debtors:
This form sets out options that may be appropriate in some cases, but the presence of an option on the form does not
indicate that the option is appropriate in your circumstances or that it is permissible in your judicial district. Plans that
do not comply with local rules and judicial rulings may not be confirmable.
In the following notice to creditors, you must check each box that applies.
To Creditors: Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated.
You should read this plan carefully and discuss it with your attorney if you have one in this bankruptcy case. If you do not
have an attorney, you may wish to consult one.
If you oppose the plan’s treatment of your claim or any provision of this plan, you or your attorney must file an objection to
confirmation at least 7 days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy
Court. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed. See
Bankruptcy Rule 3015. In addition, you may need to file a timely proof of claim in order to be paid under any plan.
The following matters may be of particular importance. Debtors must check one box on each line to state whether or not the plan
includes each of the following items. If an item is checked as “Not Included” or if both boxes are checked, the provision will
be ineffective if set out later in the plan.
1.1
A limit on the amount of a secured claim, set out in Section 3.2, which may result in a partial
Included
Not included
payment or no payment at all to the secured creditor
1.2
Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set out in
Included
Not included
Section 3.4
1.3
Nonstandard provisions, set out in Part 8
Included
Not included
Part 2:
Plan Payments and Length of Plan
:
2.1
Debtor(s) will make regular payments to the trustee as follows
$ ___________
per_______
for _____ months
[and $ ___________ per_______
for _____
months.] Insert additional lines if needed.
If fewer than 60 months of payments are specified, additional monthly payments will be made to the extent necessary to make the
payments to creditors specified in this plan.
Official Form 113
Chapter 13 Plan
Page 1
Debtor ___________________________________________________________________________
Case number ___________________________
2.2
Regular payments to the trustee will be made from future income in the following manner:
Check all that apply.
Debtor(s) will make payments pursuant to a payroll deduction order.
Debtor(s) will make payments directly to the trustee.
Other (specify method of payment):____________________________.
Income tax refunds.
2.3
Check one.
Debtor(s) will retain any income tax refunds received during the plan term.
Debtor(s) will supply the trustee with a copy of each income tax return filed during the plan term within 14 days of filing the return and will
turn over to the trustee all income tax refunds received during the plan term.
Debtor(s) will treat income tax refunds as follows:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
Additional payments.
2.4
Check one.
None. If “None” is checked, the rest of § 2.4 need not be completed or reproduced.
Debtor(s) will make additional payment(s) to the trustee from other sources, as specified below. Describe the source, estimated amount,
and date of each anticipated payment.
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
The total amount of estimated payments to the trustee provided for in §§ 2.1 and 2.4 is $ __________________.
2.5
Part
3::
Treatment of Secured Claims
3.1
Maintenance of payments and cure of default, if any.
Check one.
None. If “None” is checked, the rest of § 3.1 need not be completed or reproduced.
The debtor(s) will maintain the current contractual installment payments on the secured claims listed below, with any changes required by
the applicable contract and noticed in conformity with any applicable rules. These payments will be disbursed either by the trustee or
directly by the debtor(s), as specified below. Any existing arrearage on a listed claim will be paid in full through disbursements by the
trustee, with interest, if any, at the rate stated. Unless otherwise ordered by the court, the amounts listed on a proof of claim filed before the
filing deadline under Bankruptcy Rule 3002(c) control over any contrary amounts listed below as to the current installment payment and
arrearage. In the absence of a contrary timely filed proof of claim, the amounts stated below are controlling. If relief from the automatic stay
is ordered as to any item of collateral listed in this paragraph, then, unless otherwise ordered by the court, all payments under this
paragraph as to that collateral will cease, and all secured claims based on that collateral will no longer be treated by the plan. The final
column includes only payments disbursed by the trustee rather than by the debtor(s).
Name of creditor
Collateral
Current installment
Amount of
Interest rate on
Monthly plan
Estimated total
payment
arrearage (if
arrearage
payment on
payments by
(including escrow )
any)
(if applicable)
arrearage
trustee
$___________
$___________
_______%
$___________
$____________
_________________
____________
Disbursed by:
Trustee
Debtor(s)
_________________
____________
$___________
$___________
_______%
$___________
$____________
Disbursed by:
Trustee
Debtor(s)
Insert additional claims as needed.
Official Form 113
Chapter 13 Plan
Page 2
Debtor ___________________________________________________________________________
Case number ___________________________
Request for valuation of security, payment of fully secured claims, and modification of undersecured claims. Check one.
3.2
None. If “None” is checked, the rest of § 3.2 need not be completed or reproduced.
The remainder of this paragraph will be effective only if the applicable box in Part 1 of this plan is checked.
The debtor(s) request that the court determine the value of the secured claims listed below. For each non-governmental secured claim
listed below, the debtor(s) state that the value of the secured claim should be as set out in the column headed Amount of secured
claim. For secured claims of governmental units, unless otherwise ordered by the court, the value of a secured claim listed in a proof of
claim filed in accordance with the Bankruptcy Rules controls over any contrary amount listed below. For each listed claim, the value of
the secured claim will be paid in full with interest at the rate stated below.
The portion of any allowed claim that exceeds the amount of the secured claim will be treated as an unsecured claim under Part 5 of this
plan. If the amount of a creditor’s secured claim is listed below as having no value, the creditor’s allowed claim will be treated in its entirety
as an unsecured claim under Part 5 of this plan. Unless otherwise ordered by the court, the amount of the creditor’s total claim listed on the
proof of claim controls over any contrary amounts listed in this paragraph.
The holder of any claim listed below as having value in the column headed Amount of secured claim will retain the lien on the property interest
of the debtor(s) or the estate(s) until the earlier of:
(a) payment of the underlying debt determined under nonbankruptcy law, or
(b) discharge of the underlying debt under 11 U.S.C. § 1328, at which time the lien will terminate and be released by the creditor.
Name of creditor
Estimated amount
Collateral
Value of
Amount of
Amount of
Interest
Monthly
Estimated total
of creditor’s total
collateral
claims senior to
secured claim
rate
payment to
of monthly
claim
creditor’s claim
creditor
payments
_____________
$_______
__________
$______
$_______
$______
___%
$_______
$_______
_____________
$_______
__________
$______
$_______
$______
___%
$_______
$_______
Insert additional claims as needed.
Secured claims excluded from 11 U.S.C. § 506.
3.3
Check one.
None. If “None” is checked, the rest of § 3.3 need not be completed or reproduced.
The claims listed below were either:
(1) incurred within 910 days before the petition date and secured by a purchase money security interest in a motor vehicle acquired for the
personal use of the debtor(s), or
(2) incurred within 1 year of the petition date and secured by a purchase money security interest in any other thing of value.
These claims will be paid in full under the plan with interest at the rate stated below. These payments will be disbursed either by the trustee or
directly by the debtor(s), as specified below. Unless otherwise ordered by the court, the claim amount stated on a proof of claim filed before the
filing deadline under Bankruptcy Rule 3002(c) controls over any contrary amount listed below. In the absence of a contrary timely filed proof of
claim, the amounts stated below are controlling. The final column includes only payments disbursed by the trustee rather than by the debtor(s).
Name of creditor
Collateral
Amount of claim Interest
Monthly plan
Estimated total
rate
payment
payments by trustee
______________________________
______________________
$___________
$________
$_________________
_____%
Disbursed by:
Trustee
Debtor(s)
______________________________
______________________
$___________
$________
$_________________
_____%
Disbursed by:
Trustee
Debtor(s)
Insert additional claims as needed.
Official Form 113
Chapter 13 Plan
Page 3
Debtor ___________________________________________________________________________
Case number ___________________________
3.4
Lien avoidance.
Check one.
None. If “None” is checked, the rest of § 3.4 need not be completed or reproduced.
The remainder of this paragraph will be effective only if the applicable box in Part 1 of this plan is checked.
The judicial liens or nonpossessory, nonpurchase money security interests securing the claims listed below impair exemptions to which the
debtor(s) would have been entitled under 11 U.S.C. § 522(b). Unless otherwise ordered by the court, a judicial lien or security interest
securing a claim listed below will be avoided to the extent that it impairs such exemptions upon entry of the order confirming the plan. The
amount of the judicial lien or security interest that is avoided will be treated as an unsecured claim in Part 5 to the extent allowed. The
amount, if any, of the judicial lien or security interest that is not avoided will be paid in full as a secured claim under the plan. See 11 U.S.C.
§ 522(f) and Bankruptcy Rule 4003(d).
If more than one lien is to be avoided, provide the information separately for each lien.
Information regarding judicial
Calculation of lien avoidance
Treatment of remaining
lien or security interest
secured claim
Amount of secured claim after
a.
Amount of lien
$______________
Name of creditor
avoidance (line a minus line f)
$_______________________
__________________
b. Amount of all other liens
$______________
Collateral
c. Value of claimed exemptions
+ $______________
Interest rate (if applicable)
_____
d. Total of adding lines a, b, and c
$______________
%
__________________
Monthly payment on secured
e. Value of debtor(s)’ interest in
Lien identification (such as
− $______________
claim
property
judgment date, date of lien
$_______________________
recording, book and page number)
__________________
Estimated total payments on
f. Subtract line e from line d.
$______________
secured claim
__________________
$_______________________
Extent of exemption impairment
(Check applicable box):
Line f is equal to or greater than line a.
The entire lien is avoided. (Do not complete the next column.)
Line f is less than line a.
A portion of the lien is avoided. (Complete the next column.)
Insert additional claims as needed.
Surrender of collateral.
3.5
Check one.
None. If “None” is checked, the rest of § 3.5 need not be completed or reproduced.
The debtor(s) elect to surrender to each creditor listed below the collateral that secures the creditor’s claim. The debtor(s) request that
upon confirmation of this plan the stay under 11 U.S.C. § 362(a) be terminated as to the collateral only and that the stay under § 1301
be terminated in all respects. Any allowed unsecured claim resulting from the disposition of the collateral will be treated in Part 5 below.
Name of creditor
Collateral
______________________________________________________
_____________________________________________
______________________________________________________
_____________________________________________
Insert additional claims as needed.
Official Form 113
Chapter 13 Plan
Page 4
Debtor ___________________________________________________________________________
Case number ___________________________
Part 4:
Treatment of Fees and Priority Claims
General
4.1
Trustee’s fees and all allowed priority claims, including domestic support obligations other than those treated in § 4.5, will be paid in full without
postpetition interest.
Trustee’s fees
4.2
Trustee’s fees are governed by statute and may change during the course of the case but are estimated to be ________% of plan payments; and
during the plan term, they are estimated to total $___________.
4.3
Attorney’s fees
The balance of the fees owed to the attorney for the debtor(s) is estimated to be $___________.
4.4
Priority claims other than attorney’s fees and those treated in § 4.5.
Check one.
None. If “None” is checked, the rest of § 4.4 need not be completed or reproduced.
The debtor(s) estimate the total amount of other priority claims to be _____________.
4.5
Domestic support obligations assigned or owed to a governmental unit and paid less than full amount.
Check one.
None. If “None” is checked, the rest of § 4.5 need not be completed or reproduced.
The allowed priority claims listed below are based on a domestic support obligation that has been assigned to or is owed to a
governmental unit and will be paid less than the full amount of the claim under 11 U.S.C. § 1322(a)(4). This plan provision
requires that payments in § 2.1 be for a term of 60 months; see 11 U.S.C. § 1322(a)(4).
Name of creditor
Amount of claim to be paid
_______________________________________________________________________________
$__________________________
_______________________________________________________________________________
$__________________________
Insert additional claims as needed.
Part 5:
Treatment of Nonpriority Unsecured Claims
5.1
Nonpriority unsecured claims not separately classified.
Allowed nonpriority unsecured claims that are not separately classified will be paid, pro rata. If more than one option is checked, the option
providing the largest payment will be effective. Check all that apply.
The sum of $___________.
_______% of the total amount of these claims, an estimated payment of $_________.
The funds remaining after disbursements have been made to all other creditors provided for in this plan.
If the estate of the debtor(s) were liquidated under chapter 7, nonpriority unsecured claims would be paid approximately $__________.
Regardless of the options checked above, payments on allowed nonpriority unsecured claims will be made in at least this amount.
Official Form 113
Chapter 13 Plan
Page 5
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