Western District of Michigan Chapter 13 Plan Instructions and Plan Settings February 2013

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1 Western District of Michigan Chapter 13 Plan Instructions and Plan Settings February 2013 This custom Chapter 13 Plan is available as an Add-On for an additional fee. If you have purchased our 7 & 13, Full or Network package but have not purchased this Add-On, you will have access to the plan calculator but the plan itself will function in Demo mode. To use this plan, you will need to install the Western District of Michigan ~ Revised 2012 C13 (MI-W-ZZ) If you are upgrading from an earlier version of Best Case Bankruptcy, after installing the new jurisdiction, for existing cases, reselect the jurisdiction in the Voluntary Petition to use this custom plan. Table of Contents Notes About this Custom 13 Plan... 2 Caption... 3 I. PLAN PARAMETERS... 3 II. FUNDING... 3 III. DISBURSEMENTS... 4 A. ADMINISTRATIVE CLAIMS:... 4 B. PRIORITY CLAIMS:... 4 C. SECURED CREDITORS... 5 D. EXECUTORY CONTRACTS (assumed)... 8 E. DIRECT PAYMENT BY THE DEBTOR... 8 F. UNSECURED CREDITORS... 9 IV. GENERAL PROVISIONS... 9 Signature Lines Editing the Plan Saving the Edited Plan Opening Replaced Documents with the Best Case Editor Plan Classes for the Western District of Michigan Chapter 13 Plan The custom plan format for this district uses custom Best Case plan classes. These are installed with the MI-W- ZZ jurisdiction. Disclaimer Regarding Local Chapter 13 Plans Our goal is to make preparation of local Chapter 13 plans as easy as possible. As always, we welcome any suggestions and feedback you might have. It is important to understand that because these local plans vary greatly, we sometimes have to resort to methods of entering information that are less straightforward and that require closer attention on the part of the user than other areas of the software. Additionally, the Chapter 13 plan by its very nature is probably the most complicated document filed in a consumer bankruptcy case and requires detailed legal knowledge. Please understand that you must always proofread every plan to ensure that it has printed as expected and that the plan accurately reflects the debtor s intentions. This software is far from foolproof. It is very possible for an inexperienced user to produce an incomplete or inaccurate plan. It is the responsibility of the attorney to review every plan prior to filing it. Best Case Solutions technical support staff can advise you on the operation of the software, such as how to get a claim to print as you want on the form, but the actual decision about how to classify a given claim is a legal question that must be resolved by the responsible attorney. The Best Case technical support staff does not and can not dispense legal advice.

2 2 In addition, your local trustee can modify or change the Chapter 13 plan requirements, practices or the format of the plan at any time. It is the responsibility of the attorney representing the debtor to ensure that local rules and practices are adhered to. Notes About this Custom 13 Plan Attorney Fee and Filing Fee: Users can enter the attorney fee and filing fee to be paid through the plan through the Claims tab in the Chapter 13 Plan Calculator. Custom Entry Screens: Custom entry screens have been added to allow you to enter information required for your Chapter 13 Plan. Open the 13 Plan Calculator and click the MIW 13 Plan Info button in the upper right corner to access the following custom entry screens: Chapter 13 Plan Tab: A special entry screen that allows you to enter information regarding attorney fees in Section III.A.3. and advanced costs in Section III.A.4. Part III. F Unsecured Tab: Use this special entry screen to enter additional data in Section III.F. Part IV. General Tab: Use this entry screen to enter additional data in Section IV.

3 3 In addition, a special MI-W 13 Plan Creditor entry screen has been added to allow you to enter data in Sections III.B.1.b., III.C.1.d., and III.F.2. To access this screen, open a Schedule D, E or F claim, click the 13 Plan Treatment tab, and then click the Local 13 Plan Treatment button located in the lower left corner. Special Form Preference: Your custom plan includes special form preferences which allow users to: Permanently add text to General Provisions Print the Market Value instead of the Secured amount in Section III.C.2.c. Have SLRO claims print in Section E. Direct Payment Print the Means Test commitment period instead of the plan duration for the second checkbox in Section III.F.1. To access these preferences: (1) Highlight the Chapter 13 Plan on the Forms and Schedules Menu for the client. (2) Click Setup/Edit Form Preferences. (3) Highlight the form preference and click Change. (4) Enter or edit the preference and then click OK. (5) Click Close on the next screen to return to Forms and Schedules menu. How Information You Enter Relates to the Printed Plan: Caption Division Name: The division name for the caption on the first page of the Chapter 13 Plan is taken from the jurisdiction name in the jurisdiction section of your Setup Menu. Note that if there is a tilde character ~ in your jurisdiction name, it will not print on the plan nor will any text following the tilde. To include your division and jurisdiction name in the caption, e.g. Western District of Michigan Grand Rapids Division, you must edit the Jurisdiction Name on the Basic Information tab of the Jurisdiction Section of the Setup Menu. Debtor(s) and Case Number: The debtors names print on the plan as they were entered on the Voluntary Petition. The case number, if applicable, can be entered in Notes in the tool bar. I. PLAN PARAMETERS A. APPLICABLE COMMITMENT PERIOD: Best Case automatically checks if the debtor s commitment period is 60 or 36 months based on the information entered in Form 22C. B. LIQUIDATION ANALYSIS: The amount that prints here is the Available to General Unsecured from the Liquidation tab of the Chapter 13 Plan Calculator. II. FUNDING A. PLAN PAYMENT: This section prints the plan payment amount entered in the Summary tab of the Chapter 13 Plan Calculator. By default, the frequency of your plan payments will be monthly. If you want to change this, you can do so by opening the Wage tab in the Chapter 13 Plan Calculator, and setting the Debtor s Payroll Interval to the desired frequency. If you specify a wage deduction amount for the Debtor, that figure will print here. If the Joint Debtor also has a wage deduction, that amount will display in the Additional Plan Payment Provisions.

4 4 The Additional Plan Payment Provisions checkbox will be marked if a step plan or lump sums were entered in the Summary tab of the 13 Plan Calculator or if a wage deduction is entered for the Joint Debtor in the Wage tab. Details concerning the step plan, lump sums, or the Joint Debtor s wage deduction will print here. III. DISBURSEMENTS A. ADMINISTRATIVE CLAIMS: 3. Attorney Fees Only: The total attorney fee, the compensation received, and the balance due from the Compensation Statement of Attorney prints here. A custom entry screen is available to mark either checkbox in this section and to add an attorney fees amount. To access this screen, open the 13 Plan Calculator and then click the MIW 13 Plan Info button located in the upper right corner. 4. Costs: A custom entry screen is available to enter data in this section. To access this screen, open the 13 Plan Calculator and then click the MIW 13 Plan Info button located in the upper right corner. B. PRIORITY CLAIMS: 1.a. Pre-petition DSO payments: Claims classified as DSAO Pre-Petition DSO Paid by Debtor Directly and DSAT Pre-petition DSO Paid Trustee print here. The checkbox labeled By the trustee is marked if there are DSAT Pre-petition DSO Paid Trustee claims. Name of DSO Payees is the name of the creditor from the Creditor Information tab. Monthly Amount is the Payment entered in the 13 Plan Treatment tab. Estimated Arrears is the Priority Amount entered in the Creditor Information tab. 1.b. Post-petition DSO: Claims classified as DSO Domestic Support Obligation and DST- Domestic Support Paid by Trustee print here. The checkbox labeled By the trustee will be marked if there are any claims classified as DST Domestic Support Paid by Trustee. Name of DSO Payees is the name of the creditor from the Creditor Information tab. Amount/Frequency: A custom entry screen is available to enter this data. To access this screen, open the Schedule E creditor, click the 13 Plan Treatment tab, and then click the Local 13 Plan Treatment button located in the lower left corner. Start Date: A custom entry screen is available to enter this date. To access this screen, open the Schedule E creditor, click the 13 Plan Treatment tab, and then click the Local 13 Plan Treatment button located in the lower left corner. End Date: A custom entry screen is available to enter this date. To access this screen, open the Schedule E creditor, click the 13 Plan Treatment tab, and then click the Local 13 Plan Treatment button located in the lower left corner. Age of Children: A custom entry screen is available to enter this data. To access this screen, open the Schedule E creditor, click the 13 Plan Treatment tab, and then click the Local 13 Plan Treatment button located in the lower left corner. 2. Priority Tax Claims: This section of the plan lists claims classified as UPR Unsecured, Priority with the type of priority set to Taxes and certain other debts on the Creditor Information tab. Creditor is the name of the creditor from the Creditor Information tab. Est. Amount is the Priority Amount from the Creditor Information tab.

5 5 Nature of Debt is the data entered in the Consideration field on the Creditor Information tab. 3. Other Priority Claims: This section of the plan lists claims classified as UPR Unsecured, Priority that do not have the priority type set to Taxes and certain other debts. Creditor is the name of the creditor from the Creditor Information tab. Amount is the Priority Amount entered in the Creditor Information tab. Nature of Debt is the data entered in the Consideration field on the Creditor Information tab. C. SECURED CREDITORS 1.a. Real Property Residential: Claims classified as SLRO Residential Real Property Outside Plan or SLRP Residential Real Property In Plan print in this section of the plan. The Description of Property from the Creditor Information tab prints above this section s table. Creditor is the name of the creditor from the Creditor Information tab. Trustee Pay: N will print here if the claim is classified as SLRO and Y prints if the claim is classified as SLRP. Monthly Payment Amt is the amount entered in the Payment field in the 13 Plan Treatment tab. Estimated Arrearage is the Arrearage Amount entered in the 13 Plan Treatment tab. Taxes & Insurance escrowed with lender?: To get Y or N to print here, open the Schedule D creditor, click the Form 22 Means Test tab, and then answer Yes or No for Does payment include taxes or insurance? 1.b. Real Property Non-Residential: Claims classified as SLNO Non-Residential Real Property Outside Plan or SLNP Non-Residential Real Property In Plan print in this section of the plan. The Description of Property from the Creditor Information tab prints above this section s table. Creditor is the name of the creditor from the Creditor Information tab. Trustee Pay: N will print here if the claim is classified as SLNO and Y prints if the claim is classified as SLNP. Monthly Payment Amt is the amount entered in the Payment field in the 13 Plan Treatment tab. Estimated Arrearage is the Arrearage Amount entered in the 13 Plan Treatment tab. Taxes & Insurance escrowed with lender?: To get Y or N to print here, open the Schedule D creditor, click the Form 22 Means Test tab, and then answer Yes or No for Does payment include taxes or insurance? 1.c. Pre-Petition Real Property Tax Claims: Any claim classified as STX Pre-Petition Real Property Tax Claims or STXF Pre-Petition Real Property Tax Claims Fixed will print in this section of the plan. If you do not want this claim to appear on the creditor schedule, mark the Do Not Print Total on Schedule checkbox located in the upper right corner of the Creditor Information tab. Taxing Authority is the name of the creditor from the Creditor Information tab. Amount is equal to the Secured Amount entered in the 13 Plan Treatment tab.

6 6 Delinquent Tax Years is the Date Incurred entered in the Creditor Information tab. Optional Equal Monthly Payment is the Payment entered in the 13 Plan Treatment tab for claims classified as STXF. 1.d. Real Property Tax Escrow: Claims classified as STXE Real Property Tax Escrow print in this section of the plan. If you do not want this claim to appear on the creditor schedule, mark the Do Not Print Total on Schedule checkbox located in the upper right corner of the Creditor Information tab. Real Property Address is the Description of Property on the Creditor Information tab. Parcel Number: A custom entry screen is available to enter this number. To access this screen, open the creditor, click the 13 Plan Treatment tab, and then click the Local 13 Plan Treatment button located in the lower left corner. Taxing Authority is the name of the creditor from the Creditor Information tab. Monthly Escrow Amount is the Payment entered on the 13 Plan Treatment tab. 1.e. Wholly Unsecured Liens: Any claim classified as SAL Secured Avoid Lien will print in this section of the plan. Property Address is the Description of Property on the Creditor Information tab. Creditor is the name of the creditor from the Creditor Information tab. Claim Amount is the Secured Amount entered in the 13 Plan Treatment tab. Property Value is equal to the Market Value in the Creditor Information tab. Senior Lien Amt. is the Senior Liens amount on the Creditor Information tab. 2.b. Personal Property: Secured Claims NOT Subject to 11 U.S.C. Section 506: Any claim classified as SF5 - Secured, fixed payment, 506 N/A, or SP5 - Secured, paid prorata, 506 N/A will list in this section of the plan. Creditor, Address & Acct # is equal to the comparable fields in the Creditor Information tab. Collateral is the Description of Property from the Creditor Information tab. Balance Owing is the Secured Amount from the 13 Plan Treatment tab. INT.% is the Interest Rate entered in the 13 Plan Treatment tab. Pre-Conf APP is equal to the Pre-Con Adequate Protection Payment entered on the 13 Plan Treatment tab. Equal Monthly Payment: If the claim is classified as SF5, the Payment entered on the 13 Plan Treatment tab prints here. If it is classified as SP5, the average monthly payment as determined by the 13 Plan Calculator prints here. 2.c. Personal Property: Secured Claims Subject to 11 U.S.C. Section 506: Any claims that you classify as SFP - Secured, fixed payment or SPR - Secured, paid prorate will print here. Creditor, Address & Acct # is equal to the comparable fields in the Creditor Information tab. Collateral is the Description of Property from the Creditor Information tab.

7 7 FMV is the Secured Amount from the 13 Plan Treatment tab. A special form preference is available to print the Market Value instead. To access this form preference, see Notes About this Custom 13 Plan on page 2 Interest Rate is the Interest Rate entered in the 13 Plan Treatment tab. Pre-Conf APP is equal to the Pre-Con Adequate Protection Payment entered on the 13 Plan Treatment tab. Equal Monthly Payment: If the claim is classified as SFP, the Payment entered on the 13 Plan Treatment tab prints here. If it is classified as SPR, the average monthly payment as determined by the 13 Plan Calculator prints here. 3. Secured Claims of the Internal Revenue Service and the State of Michigan: Claims classified as SIMF- Secured IRS/Michigan Fixed Payment and SIMP- Secured IRS/Michigan Paid Prorata list in this section of the plan. Creditor and Address: The Creditor Name and Address entered in the Creditor Information tab prints here. Collateral Real/Personal Property: The Description of Property entered in the Creditor Information tab prints here. Secured Claim Amount is the Secured Amount from the 13 Plan Treatment tab. Int. % is the Interest Rate entered in the Secured Portion on the 13 Plan Treatment tab. Equal Monthly Payment: If the claim is classified as SIMF, the Payment entered on the 13 Plan Treatment tab prints here. If it is classified as SIMP, the average monthly payment as determined by the 13 Plan Calculator prints here. 4. Collateral to be Surrendered/Executory Contracts to be Rejected: Claims classified as SSR Secured, surrender property print here. If the debtor is going to reject a contract or lease, you will need to create a Schedule D claim to get it to appear in this section of the plan. In the Creditor information tab, enter the name of the contract/lease party and the Description of Property. If you don t want this claim to appear on Schedule D, mark the checkbox labeled Do Not Print/Total on Sch. D in the upper right corner. Lastly, classify the claim as RCO-Rejected Contracts, Other or RLC-Rejected Land Contract on the 13 Plan Treatment tab. Creditor: Specified in the Creditor Name field in the Creditor Information Tab. Collateral Description: Specified in the Description of Property portion of the Creditor Information Tab. The second table in this section displays claims classified as SSRJ Junior Secured, surrender property. Property Address is the Description of Property from the Creditor Information tab. Creditor: Specified in the Creditor Name field in the Creditor Information tab. Claim Amount is the Secured Amount from the 13 Plan Treatment tab. Property Value is the Market Value from the Creditor Information tab. Senior Lien Amt. is equal to the comparable field on the Creditor Information tab.

8 8 D. EXECUTORY CONTRACTS (assumed) If the debtor is going to assume a contract or lease, you will need to create a Schedule D entry in order for it to appear in this section of the plan. In the Creditor information tab, enter the name of the contract/lease party. In the property description field, type in a description of the collateral. If you don t want this claim to appear on Schedule D, mark the checkbox labeled Do Not Print/Total on Sch. D in the upper right corner. 1. Land Contracts: Any claim classified as ALCP Assumed Land Contracts Inside Plan or ALCO Assumed Land Contracts Outside Plan will print in this section. Creditor: Specified in the Creditor Name field in the Creditor Information Tab. Trustee Pay?: N prints here if the claim is classified as ALCO, and Y prints here if it s classified as ALCP. Est. Pre-Pet Arrs: The Arrearage Amount in the 13 Plan Treatment tab prints here. Monthly Pymt to Cure Arrs is the average monthly payment for arrearages as computed by the Chapter 13 Calculator. Ongoing Pymt is the Payment amount entered on the 13 Plan Treatment tab. 2. Other Executory Contracts: Any claim classified as ACOP Assumed Contracts, Other, Inside or ACOO Assumed Contracts, Other, Outside will print in this section. Creditor & Acct #: Specified in the Creditor Name and Account No. fields in the Creditor Information Tab. Property Description: Specified in the Description of Property portion of the Creditor Information Tab. Pymt Amount is the Payment amount entered on the 13 Plan Treatment tab. # of Months Remaining will print the last month a payment is made as calculated by the 13 Plan Calculator. Est. Pre-petition Arrears: The Arrearage Amount in the 13 Plan Treatment tab prints here. Trustee Pay?: N will print here if the claim is classified as ACOO and Y prints if the claim is classified as ACOP. E. DIRECT PAYMENT BY THE DEBTOR Any claim classified as SLTO Secured, long term, outside plan prints in this section. Creditor Name, Address, and Account # is equal to the comparable fields on the Creditor Information tab. Collateral: The Description of Property from the Creditor Information tab prints here. Balance Owing: The Secured Amount from the 13 Plan Treatment tab prints here. Int.%: The Interest Rate entered in the 13 Plan Treatment tab prints here. A special form preference is available to have claims classified as SLRO Residential Real Property Outside Plan print here. For more information, see Notes About this Custom 13 Plan on page 2.

9 9 F. UNSECURED CREDITORS 1. General Unsecured Creditors: A custom entry screen has been added to allow you to enter information in this section. Open the 13 Plan Calculator and click the MIW 13 Plan Info button in the upper right corner. Click the Part III.F.1. tab to mark the appropriate checkbox and add additional data. A special form preference is available to print the Means Test commitment period instead of the plan duration for the second checkbox. For further details, see Notes About this Custom 13 Plan on page Special Unsecured Creditors: A custom entry screen is available to mark either checkbox in this section. To access this screen, open the 13 Plan Calculator, click the MIW 13 Plan Info button in the upper right corner, and then click the Part III.F Unsecured tab. All claims classified as U100 - Unsecured, special class, paid 100% in the Chapter 13 Plan Treatment Tab for the Schedule F creditor will be listed here. Usually, unsecured nonpriority (Schedule F) claims get paid only a percentage of the amount they are owed. Using the U100 - Unsecured, special class, paid 100% class, you can give special priority to individual Schedule F claims so that they are paid in full and are paid ahead of other Schedule F claims. Creditor: The creditor name will print on the plan based on the information you enter in the Creditor Information tab. Reason For Special Treatment: A special MI-W 13 Plan Creditor entry screen has been added to allow you to enter this data. To access this screen, open a Schedule F claim, click the 13 Plan Treatment tab, and then click the Local 13 Plan Treatment button, located in the lower left corner. Interest Rate is equal to the Interest Rate entered in the 13 Plan Treatment tab. 3. The Following Special Unsecured Claim(s) are an Exception: To get a claim to appear here, users will need to create a special plan class: Close any forms or schedules that are open, and return to the Forms and Schedules menu for the client. In the menu bar, click Setup and then click Edit Case Jurisdiction. Click the 13 Plan tab. Click Insert to add a new class. Fill out the screen as shown right, substituting the percentage you want for this class of creditors. Change this figure in the Code, the name of the class, and the Payoff Percent. Click OK. Close your Jurisdiction list. If you use our naming convention, giving your class a code that begins with UN and ends in a number, such as UN25, UN50, UN75, these creditors and the payoff percentage will print here. IV. GENERAL PROVISIONS A. DISPOSABLE INCOME & TAX REFUND: No data prints here. B. VESTING OF ESTATE PROPERTY: A custom entry screen has been added to mark either checkbox in this section. To access this screen, open the 13 Plan Calculator, click the MIW 13 Plan Info button in the upper right corner, and then click the IV. General tab. C.-F.: No data prints here.

10 10 G. TRICKETT NOTICE: A custom entry screen has been added to mark the checkbox in this section. To access this screen, open the 13 Plan Calculator, click the MIW 13 Plan Info button in the upper right corner, and then click the IV. General tab. H. TRUSTEE POST-CONFERMATION DISBURSEMENT: No data prints here. I. TAX RETURNS: A custom entry screen has been added to enter text in this section. To access this screen, open the 13 Plan Calculator, click the MIW 13 Plan Info button in the upper right corner, and then click the IV. General tab. J.-O.: No data prints here. P. ADDITIONAL PROVISIONS: Comments that users type in the Other tab of the Chapter 13 Plan Calculator will appear in this section. There is also a Chapter 13 Plan Preference that allows you to permanently add text to this section. To access this preference: (1) Highlight the Chapter 13 Plan on the Forms and Schedules Menu for the client. (2) Click Setup/Edit Form Preferences. (3) Highlight the form preference and click Change. (4) Enter or edit the text you wish to include on the Plan, and then click OK. (5) Click Close on the next screen to return to Forms and Schedules menu. Signature Lines The attorney name selected in the Filing Information tab of the Voluntary Petition prints for the Attorney Name. The Debtor and Joint Debtor name will print as it was entered in the Voluntary Petition. The Date will print as entered in the Print Date on Signature Line field in the options window that appears whenever the form is printed or opened for editing. Editing the Plan 1. Custom Chapter 13 plans are provided as RTF (rich text format) files so that they can easily be edited and saved as needed. First, make sure all case information is filled in and you have a workable plan. Mark just the 13 Plan to print in the Forms and Schedules Menu. 2. Click the Print button in the toolbar at the top of your screen. The Print Documents dialog box appears. Mark your printing choices, then click the Edit Form check box in the bottom left corner. Click OK. 3. The 13 Plan appears on your screen in the Best Case Editor. You can add or remove text as needed. All editing options are described in the Best Case Editor Options help topic. Saving the Edited Plan When you edit a document in the Best Case Editor, you are not actually editing the data record for the debtor, as you are when you enter information through Best Case entry screens like the Voluntary Petition window. Instead, you are editing a text document that has information about the debtor filled in for you. So that these forms will not take up a large amount of room on your hard drive, your changes to these documents are not automatically saved. 1. To save changes to the plan with the Best Case Editor, choose File/Save. 2. The Save Document in Case window appears. By default, the name of the form is filled in for you and Replaces Form is marked as the print selection. Click the Save to Case button to save the edited form. Note that changes that you make to the plan apply to this case only, not to all cases. 3. Close the Best Case Editor. The edited plan will then appear on the Forms and Schedules menu as the Replaced version of the original document. 4. To print the plan, mark the Replaced plan to print on the Forms and Schedules menu, and select your printing options. For all printing options, see Printing Forms in your User s Guide or Help menu in Best Case Bankruptcy.

11 11 Opening Replaced Documents with the Best Case Editor To open a Replaced plan that was previously saved with the Best Case Editor: 1. Double-click on the Chapter 13 Plan in the Forms and Schedules menu. 2. On the next window, click the Edit button if you want to edit the plan with the Best Case Editor. The plan will then open in the Best Case Editor, and you can make additional revisions to the plan as needed. 3. If, instead, you want to return to the Chapter 13 Calculator after saving the form with the Best Case Editor, double-click on the Chapter 13 Plan in the Forms and Schedules menu, and then click the Options button on the next window. On the next screen, type DRAFT in front of the form name, and click the Do Not Print button. Click OK on the next two screens, and then click the Close button. Double-click on the Chapter 13 Plan on the Forms and Schedules menu to open the calculator. If you want to return to your previous DRAFT of the 13 Plan, highlight the plan on the Forms and Schedules menu and click the Attach button. Click the Edit button to open the plan with the Best Case Editor.

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