Opinion
Case No. 05-22566.
August 23, 2005
ORDER CONFIRMING CHAPTER 13 PLAN
The Court has determined that the debtor's Plan meets the requirements of Chapter 13 of Title 11 of the United States Code. The Court finds that the Plan as originally filed or last modified is confirmed, and ORDERS:
1. Debtor shall make MONTHLY PAYMENTS OF $311.00, as requested by the plan as Confirmed to: W.H. GRIFFIN, TRUSTEE, 4350 SHAWNEE MISSION PARKWAY, SUITE 13, FAIRWAY, KS 66205-2535.
2. If the debtor's employer is not ordered to make payments to the Trustee and if the debtor does not make timely payments, the Trustee may request, and the Court may Order, without further notice, the debtor's employer to make such payments to the Trustee.
3. The debtor shall immediately notify the Court and the Trustee, in writing, of any change of address or any change in employment. Notice of a change in employment shall include the name and appropriate mailing address for the payroll department of the new employer.
4. The debtor shall devote to the Plan all disposable income during the first 36 months after the first payment is due under the Plan, and at least 36 monthly payments must be paid to the Trustee. The debtor shall report to the Trustee any events affecting disposable income which are not projected on Schedules I J, including but not limited to: tax refunds inheritances, prizes, lawsuits, gifts, etc., which are received or receivable during the pendency of the case.
5. THE DEBTOR SHALL NOT INCUR ANY ADDITIONAL DEBTS DURING THE PENDENCY OF THE PLAN WITHOUT PRIOR APPROVAL BY THE COURT, EXCEPT DEBTS WHICH MAY BE NECESSARY FOR THE PROTECTION AND PRESERVATION OF LIFE, HEALTH OR PROPERTY, SUCH AS FOOD, CLOTHING, LODGING, OR MEDICAL CARE FOR THE DEBTOR AND FAMILY.
6. During the pendency of this case, the debtor is enjoined and prohibited from selling, encumbering, or in any manner disposing of assets without prior order of the Court except as may be required in the course of the debtor's business, if the debtor is engaged in business.
7. The Trustee shall file with the Court reports of funds received and disbursements made at such intervals as are now or may be later required by the Court.
8. The Trustee shall pay to debtor's attorney for services provided in this case the amount of $1,500.00. Additional fees may be allowed upon proper application to the Court.
9. If this case is dismissed or converted to another Chapter under Title 11 of the United States Code, all funds received by the Trustee prior to dismissal or conversion shall be paid out under the terms of the Plan. Any funds received by the Trustee after the dismissal or conversion of the case, which are not property of the bankruptcy estate, shall be returned to the debtor.
10. After approval of the Trustee's Final Report and Account by the Court, all property of the bankruptcy estate which is not proposed or reasonably contemplated to be distributable under the Plan, shall revest in the debtor following dismissal or discharge. In a case which is converted to another Chapter under Title 11 of the United States Code, property, other than funds which the Chapter 13 Trustee has on hand, and monies which have been withheld from the debtor's wages not remitted to the Trustee, which are part of the Bankruptcy estate at the time of conversion, including tax refunds, shall be administered by the successor Trustee.
11. The debtor shall file all tax returns timely during the pendency of the case. A copy of each tax return, without attachments, shall be forwarded to the Chapter 13 Trustee within ten (10) days of filing the return.
12. The Trustee is authorized to deduct a floating percentage fee (up to 10%) of the amount paid in under the Plan, as an administrative fee.
13. Additional provisions specific to this Plan are as follows:
SO ORDERED.