Revised Chapter 13 Model Plan in Ft. Myers and Tampa
The judges of the Tampa and Ft. Myers Divisions have revised the approved Chapter 13 Model Plan. The revised Model Plan must be used by all Chapter 13 debtors in cases filed on or after June 1, 2014.
Changes from the previous model plan include:
Paragraph 5 which provides that secured creditors who have filed proofs of claim prior to the claims bar date or within 14 days from the date of an order converting or dismissing the case, whichever date is earlier, shall have an administrative lien on plan payments paid by the debtor to the Chapter 13 Trustee prior to confirmation.
Paragraph 5(G), (H) and (I) of the Model Plan.
In 5(G), the debtor may elect to pay secured claims/leased claims direct to the creditor. If the Debtor makes this election, the automatic stay and any codebtor stay are terminated in rem upon the filing of the Plan. The debtor’s state law contract rights are not abrogated.
In 5(H), the debtor may designate secured claims that are not provided for under the plan. The automatic stay and any codebtor stay are terminated, the debtor’s liability to the creditor is not discharged under the plan, and the debtor’s state law contract rights are not abrogated.
In 5(I), the debtor may elect to surrender secured/leased property. The automatic stay is terminated in rem as to the secured creditor.
Revisions have also been made to the following form orders to make them consistent with the revised Model Plan: Order Establishing Duties of Debtor, etc., the Order Granting Trustee’s Motion to Dismiss, and the Order Governing Procedures After Conversion to Chapter 7.
Click to download Chapter 13 Plan (pdf)
Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761 Phone: (727) 410-2705; email: [email protected]
