Western District of Tennessee Chapter 13 Plan Instructions and Plan Settings July 2012 This custom Chapter 13 Plan Summary 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 Tennessee 13 Plan Summary (TN-W-ZZ) jurisdiction. 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 How Information You Enter Relates to the Printed Plan...3 Caption...3 Debtor s Name and Address...3 Plan Payment and Interval...3 Payroll Deduction...3 Place of Employment...4 Administrative...4 Auto Insurance...4 Child Support...4 Priority Creditors...5 Home Mortgage...5 Secured Creditors...5 Unsecured Creditors...6 Estimated Total Unsecured, Non-Priority Debt...7 Termination...7 Other Provisions...7 Debtor s Attorney...8 Quick Reference Table of Chapter 13 Plan Classes for the Western District of Tennessee...8 Editing the Plan... 10 Saving (Replacing) the Plan with the Best Case Editor... 10 Opening Replaced Documents with the Best Case Editor... 10 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 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 s Fees and Filing Fees: You can input attorney s fees and filing fees to be paid through the plan in the Claims tab of the Chapter 13 Plan Calculator. However, your custom plan does not list these fees. If you want them to appear on the plan, you can make a note in the Other tab of the Chapter 13 Plan Calculator, and the fees will print in the Other Provisions section of the plan. In some districts, trustees do not allow the filing fee and attorney s fee to be paid through the plan. Arrearages: Since your plan only lists arrearages separately for Child Support and Home Mortgage claims, you will want to include arrearages in the Amount of Claim value in the 13 Plan Treatment tab when entering other claims. You will leave the Arrearage amount at $0.00. This is described more fully in the instructions for Secured Creditors. Plan Payments: By default, Best Case rounds all payments on the plan to the nearest dollar amount. If you would like the actual amounts to print instead, you can do so using a special form preference. For further details, refer to Special Form Preferences in this section. Treatment Classes Printed in Other Provisions: Creditors classified as Unsecured, special class, paid 100%, Secured Avoid Lien, Secured Surrender Property, and Secured Long-Term Outside Plan will automatically print in the Other Provisions section at the end of the plan. Please refer to the instructions for Other Provisions for more information on these plan classes. Custom Entry Screens: Two custom entry screens have been added to allow you to enter additional information for Payroll Deduction and Home Mortgages in your Chapter 13 Plan. Note that these screens are only visible when the jurisdiction for the case is set to Western District of Tennessee Chapter 13 Plan (Filename=TN-W-ZZ). To check the jurisdiction of a client, open the client file then click the About button in the Toolbar. 1. Payroll Deduction: To access the Payroll Deduction screen, open the Chapter 13 Plan Calculator then click the TNW 13 Plan Info button in the upper right corner. You can then enter Because and First Payment Date information for the Payroll Deduction section of the plan. 2. Home Mortgages: A special creditor entry screen has been added to allow you to enter additional remarks required for Home Mortgages in your Chapter 13 Plan Summary. To access this screen, open a creditor in Schedule D, click the 13 Plan Treatment tab and classify the claim as HMP - Home Mortgage, In Plan or HMO Home Mortgage, Outside Plan. Then click the Local 13 Plan Treatment button, located in the lower left corner of the creditor entry screen. Type the information in the Date Ongoing Payments Begin field, as pictured below.
3 Special Form Preferences: Your custom plan includes six special form preferences which allow you to: o Print exact amounts instead of rounded to the nearest dollar. o Round dollar amounts for Mortgages and Child Support. o Print Percentage to be determined by the Chapter 13 Trustee, in lieu of the percentage determined by the Best Case 13 Plan Calculator. o Print Secured amount instead of Market Value for Secured Claims. o Print the names of all Unsecured Creditors in the corresponding section of the plan. o Use alternate language for SSR claims: changes language from Debtor is surrendering the Property to Creditor in full satisfaction of the secured claim. Creditor shall be allowed an unsecured claim for the deficiency balance owed. to Collateral is being surrendered in full satisfaction of debt, any claim filed shall be disallowed. o Exclude Adequate Protection Language in the Other Provisions section. o Exclude Failure to File Objection Language in the Other Provisions section. o Exclude Debtor s Attorney Information. o Include Lease information in Other Provisions section. To access the form 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) Click Yes or No, and click OK to save. (5) Then click Close on the next screen. How Information You Enter Relates to the Printed Plan Caption 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 Tennessee Western Division, you must edit the Jurisdiction Name on the Basic Information tab of the Jurisdiction Section of the Setup Menu. Debtor s Name and Address The name, social security number and address of the debtor are drawn from the information entered on the Voluntary Petition. Plan Payment and Interval The amount of the debtor s plan payment is taken from the Regular and Lump Sum Payments into Plan field in the Summary tab of the 13 Plan Calculator. By default, Best Case selects Monthly as the payment interval. If you want a different payment interval, you can select it in the debtor s section of the Wage Deduction tab. If you select a different payment interval, Best Case will prorate the monthly amount in the Summary tab to the interval selected, and print the prorated amount. If you want to include a Step Plan or Lump Sum payment, the amount of the first installment of the Step Plan or Lump Sum payment will print following Plan Payment. The remaining payments will appear at the end of the plan in the Other Provisions section. Payroll Deduction By default, Best Case selects the Direct Pay option on the printed plan, indicating that wages are not to be garnished. Specifying Garnishment: If debtor s or debtor s spouse s wages are to be garnished, go to the Wage Deduction tab in the Chapter 13 Plan Calculator. In the Debtor s section, enter a dollar amount in the Deduction Amount field, and select the payroll interval. (Always put this information in the debtor s section, even if it is the spouse s wages that are to be garnished.) The dollar amount that you enter will not print; instead, Best Case will prorate the monthly amount calculated in the Summary tab to your new
4 interval choice. Having a dollar amount entered here will signal the calculator that there is to be a Wage Deduction, and Best Case will then print YES for Payroll Deduction on the plan. Whose wages are being garnished: Your plan does not specify whether the debtor s wages, spouse s wages, or both are to be garnished, so if you want to include this information, you can make a note in the Other tab of the Chapter 13 Plan Calculator which will print in the Other Provisions section at the end of the plan. Answers for Because and First Payment Date : To enter information for the Because and First Payment Date lines under Payroll Deduction, click the custom TNW 13 Plan Info button, located in the upper right corner of the Chapter 13 Plan Calculator. You can enter the information in the blank fields, as pictured below. Place of Employment For Place of Employment, the plan will print the debtor s and/or joint debtor s employer as it was entered on Schedule I. Administrative No data prints in the Administrative section of the plan. The section states Pay filing fee, Trustee s fee, and debtor s attorney fee, pursuant to Court Order. If you still prefer to list attorneys fees and/or filing fees on the 13 Plan, enter the information in the Other tab of the Chapter 13 Calculator. The information will then print at the end of the plan in Other Provisions. Auto Insurance There are two custom plan classes for Auto Insurance: AIO Auto Insurance, Outside Plan, and AIP Auto Insurance, In Plan. If you enter Auto Insurance on Schedule F, and classify the claim as AIO Auto Insurance Outside Plan on the 13 Plan Treatment tab, the plan will print with an (X) for Not included in Plan, and payments for the insurance claim will not be listed on the plan or otherwise included in the plan calculations. To include Auto Insurance payments in the plan calculations, you must manually calculate the allowed insurance payments for the term of the plan and enter the information in the Secured Amt. field of the 13 Plan Treatment tab of Schedule F. If the debtor is not behind in payments and you don t want this claim appearing on Schedule F, you can check the box on the creditor information screen in Schedule F that reads Do Not Print/Total Schedule F. You can also exclude the insurance company from the matrix by checking the box beneath it, if you choose. Child Support CSP Child Support, In Plan is a custom plan class for child support payments paid through the plan, which is generally listed on Schedule E. The child s name (or the name of the child support creditor) will print on the plan following Future support through Plan to. The printed name is drawn from the Creditor Name field on the Creditor Information tab of Schedule E. Child support claims are fixed payments. The Monthly Plan Payment is based on the information entered on the 13 Plan Treatment tab for the creditor. To determine the plan payments, you must manually calculate the allowed child support claim for the term of the plan and enter it in the Secured Amt. field on the 13 Plan Treatment tab, then enter the term (number of months) during which support payments are to be made. If there are child support arrears, enter the arrearage amount in the 13 Plan Treatment tab in the arrearage section. If arrears are to be paid through the plan but future payments are not, leave the Secured Amt. field 0.00 and fill out the arrearage section. Note: A special form preference is available to round dollar amounts in this section. To access this preference, see Notes About this Custom 13 Plan on page 2.
5 Priority Creditors All creditors of the treatment class UPR Unsecured, priority will appear here, along with the monthly plan payment. These are generally all Schedule E claims. Each Schedule E creditor's class is determined by your selection in the Chapter 13 Plan Treatment Tab on Schedule E. These claims are to be paid in full and are paid prorata. Home Mortgage HMP - Home Mortgage, In Plan is the custom plan class that is used when the debtor pays a home mortgage claim with an arrearage through the plan. Home mortgage creditors are typically entered on Schedule D. The monthly plan payment is a fixed amount, which you can specify in the Payment field of the 13 Plan Treatment tab for the creditor. You can also specify the Interest Rate for the mortgage on the 13 Plan Treatment tab. To specify the date the ongoing payment begins, you can use the Tennessee West 13 Plan Creditor custom entry screen. For further instructions on how to access this screen, refer to Notes About this Custom 13 Plan on page 2. If the debtor is paying their home mortgage claim outside the plan, you can use the HMO - Home Mortgage, Outside Plan classification. For monthly plan payment, Current automatically prints, and 0.00% prints for the interest rate. To specify the date the ongoing payment begins, you can use the Tennessee West 13 Plan Creditor custom entry screen. For further instructions on how to access this screen, refer to Notes About this Custom 13 Plan on page 2. Home Mortgage Arrearages When the debtor is in arrears, you should specify the arrearage amount and treatment in the 13 Plan Treatment tab for the creditor, as pictured on the next page. The Secured Amt. is the amount outstanding on the mortgage, minus any arrearages that you want to pay through the plan. For the arrearage classification, you can either use the Arrearage, paid prorata class or the Arrearage, fixed payment class. Using the Arrearage, paid prorata class gives the calculator more flexibility to spread payments out over time, varying the amount the creditor will receive each month based on whether there are other high priority claims. If you used the fixed payment class, you will need to specify the number of months over which the debtor will pay this arrearage (the Arr Term). Note: A special form preference is available to round dollar amounts in this section. To access this preference, see Notes About this Custom 13 Plan on page 2. Secured Creditors This section will print all Schedule D creditors classified as SFP - Secured, fixed payment, SPR - Secured, paid prorata, or SLTP - Secured, long term, in plan. The plan will print the name of the secured creditor and the value of collateral (or market value) as it appears on the Creditor Information tab of Schedule D. The rate of interest is taken from the 13 Plan Treatment tab of Schedule D. The monthly plan payments for claims classified as Secured, fixed payment and Secured, long term, in plan are also taken from the 13 Plan Treatment tab. Secured, fixed payment and Secured, paid prorata creditors will be paid in full by the end of the plan with the interest rate that you specify in the 13 Plan Treatment tab in Schedule D for each creditor. With the Secured, Fixed payment plan class you can specify a given monthly plan payment amount that the debtor will pay creditors through the plan. If you have the auto box checked, the pa ym ent amount will be filled in for you. If not, you can click the PMT button to have Best Case Bankruptcy calculate the monthly payment. Note that you can remove the check mark from the auto box and type a fixed monthly payment amount. However, you should be very careful about doing this
6 because if you enter a fixed payment amount and term that do not fully pay off the claim, you will have trouble working out a plan in the Chapter 13 Plan calculator. While the Chapter 13 Plan is in effect, the trustee will make the regular payments to creditors designated Secured, long term, in plan. Since these are long-term debts, they will not be paid off by the time the plan ends, and the debtor will continue to make regular payments after the plan is over. A Note About Arrearages: Since your plan format does not list or treat arrearage amounts separately for secured creditors being paid through the plan, you ll want to include the arrearage amount in the Secured Amt. slot in the 13 Plan Treatment tab in Schedule D, as pictured right. Even if there is an arrearage, leave the arrearage section of the 13 Plan Treatment tab blank for these creditors. Note: A special form preference is available to print the Secured amount instead of the Market Value in the Value Collateral column. To access this preference, see Notes About this Custom 13 Plan on page 2. Unsecured Creditors Percentage Paid to Unsecured Creditors For the sentence Pay % of these claims after above claims are paid or pay all disposable income for term of plan, the plan will automatically print the percentage that unsecured, nonpriority creditors are to be paid, as it appears in the lower right hand corner of the Summary tab of the Chapter 13 Plan Calculator. If you want to change the percentage paid to unsecured creditors: 1. On the Summary tab of the 13 Calculator, type a question mark (?) in the first payment field then press [Tab]. 2. Enter the length of the plan in months. (Typically 36 or 60 months.) If there will be any lump sum payments, enter those and the month during the plan that these will be paid. 3. A question appears in the bottom of the window that says: Pay unsecured nonpriority claims. Type the percentage that you would like the unsecured nonpriority claims to be paid, or use the [up arrow] or [down arrow] buttons to change the number by one percentage point at a time. (You don't need to enter the percent sign, just the number.) 4. Click the Calculate button in the bottom of the Summary Window. 5. The Best Case Chapter 13 Plan Calculator will calculate the monthly payment amount and how much each creditor will be paid and when. The total amount paid to the attorney, trustee, and creditors will be displayed in the Summary Totals section of this screen, as well as the percentage paid to unsecured creditors. Trustee Determination of % Paid to Unsecured Creditors and List of Unsecured Creditor Names: Special Form Preferences have been added that give you the option to print Percentage to be determined by the Chapter 13 Trustee and the names of all Unsecured Creditors in the corresponding section of the plan. See Notes About this Custom 13 Plan on page 2 for further details on how to change these preferences. 1. Option to print Percentage to be paid to be determined by Trustee If you prefer, you can set the plan to print Percentage to be paid to be determined by Trustee, in place of the percentage determined by the Best Case Plan Calculator and the standard plan
7 language. You can use this option when the debtor intends to pay less than 100% of the claims for unsecured creditors, but you do not wish to include the exact percentage paid to unsecured creditors on the initial plan. 2. Option to print all Unsecured Creditor Names You also have the option of including a list of all unsecured creditor names, which will print directly beneath the percentage information in the Unsecured Creditors section of the plan. Estimated Total Unsecured, Non-Priority Debt The Estimated Total Unsecured, Non-Priority Debt is printed on this section of the plan as the total amount appears in the Summary tab of the Chapter 13 Calculator. Termination The plan term will print in this section, as it was entered in the # of months field in the Summary tab of the Chapter 13 Calculator. Other Provisions Creditors classified as U100, SAL, SLTO, or SSR will appear in the Other Provisions section of the plan. To enter any additional text in Other Provisions (e.g. Attorney s Fees, Filing Fees, alternative payment plans), click the Other tab in the Chapter 13 Plan Calculator. Then enter the information you wish to add inside the box. Note that the section heading Other Provisions will not print on the plan unless you: 1) enter information in the Other tab of the Chapter 13 Plan Calculator, or 2) classify a creditor with one of the treatment classes described below. Chapter 13 Treatment Classes that will print under Other Provisions: 1. U100 Unsecured, special class, paid 100% Creditors assigned the U100 - Unsecured, special class, paid 100% treatment class will appear in Other Provisions. Usually, unsecured nonpriority (Schedule F) claims are of the Unsecured, General Nonpriority class, and get paid only a percentage of the amount they are owed. Using the Unsecured, Special Class, Pay 100% (U100) 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. You might use this class when the debtor wants to pay the claim in full because there is a codebtor, because the debtor wants to maintain a relationship with the creditor, or for certain student loans which are non dischargeable. Creditors of this class are paid in full, and are of payout rank 3. They are paid prorata with other creditors of payout rank 3, which are generally just the Unsecured Priority claims. The Creditor will appear as entered on the Creditor Information tab for Schedule F. For the Unsecured, Special Class, Pay 100% class, Best Case adds a note that reads, Debtor will pay claim in full with contract rate of interest - codebtor is liable on claim. If the debtor is paying the claim in full for a different reason, you can use the Best Case Editor to type in another explanation. 2. SAL Secured Avoid Lien The SAL Secured Avoid Lien class is used if the property securing the lien is claimed as fully exempt. Essentially, this claim is then treated as an unsecured claim, and would generally be paid in the unsecured, general nonpriority class. You are only allowed to use this treatment class if the full value of the property securing the lien is claimed as exempt. For the Avoid Lien class, Best Case adds a note about the creditor that reads, Debtor(s) intend to avoid lien under 522(f)(1) or 522(f)(2). A special form preference is available that allows you to enable or disable the presence of liens in this section. See Notes About this Custom 13 Plan on page 2 for more information about how to access this form preference. 3. SLTO Secured Long Term Outside Plan
8 SLTO Secured Long Term Outside plan is the treatment class that you would typically use for a mortgage paid outside the plan. The creditor will be paid outside the Chapter 13 Plan (payments will not go through the trustee), and the payments will extend beyond the length of the plan. This claim will be printed on the plan in Other Provisions, but will not be included in the Chapter 13 Plan Calculator's computations. 4. SSR - Secured Surrender Property You can use the SSR - Secured Surrender Property plan class if the debtor is surrendering the collateral to the creditor. A creditor of this class will receive the property that secures its claims in lieu of payment. This claim will be listed on the printed Chapter 13 plan, but will not be included in the calculations of the Chapter 13 Plan Calculator. For claims classified as SSR, Best Case will automatically insert a note that reads, Collateral is being surrendered in full satisfaction of debt. The Use Alternate Language for SSR Claims? form preference allows you to use different default language for SSR claims. See Notes About this Custom 13 Plan on page 2 for more information. Special Form Preferences: By default, the plan includes the following language at the end of the Other Provisions section: Adequate Protection Language: Adequate protection payment will be ¼ (25%) of proposed creditor monthly payment Failure to File Objection Language: Failure to file timely written objection to confirmation will be deemed acceptance of plan Special Form Preferences have been added allowing you to remove either or both of these statements from the plan. See Notes About this Custom 13 Plan on page 2 for further details. Debtor s Attorney The name of the debtor s attorney and law firm is printed at the end of the plan, as the names appear on the Voluntary Petition. A Special Form Preference has been added to allow you to remove this information from the plan should you not want to include it. See Notes About this Custom 13 Plan on page 2 for further details. Quick Reference Table of Chapter 13 Plan Classes for the Western District of Tennessee Name of Plan Class (Classes in bold are custom classes for the Western District of Tennessee) AI O (Auto Insurance, Outside Plan) AI P (Auto Insurance, In Plan) ARPR (Arrearage, paid prorata) Section That Creditor Will be Listed Under On Printed Plan Auto Insurance Auto Insurance DOES NOT PRINT SEPARATELY ON PLAN, except for CSP and HMP Treatment in Plan Calculator Debtor makes regular auto insurance payments outside the plan If you use this class, Best Case will automatically mark the plan with an X to indicate that Auto Insurance payments are Not Included in Plan. Debtor makes regular auto insurance payments in the plan. If you use this class, Best Case will automatically mark the plan with an X to indicate that Auto Insurance payments are Included in Plan. Since your plan format does not list or treat arrearage amounts separately for all secured creditors being paid through the plan, you ll want to include the arrearage amount in the Secured Amt. slot in the 13 Plan Treatment tab in Schedule D. Even if there is an arrearage, leave the arrearage section of the 13 Plan Treatment tab blank for these creditors. ARR (Arrearage, fixed payment) DOES NOT PRINT SEPARATELY ON PLAN, except for CSP and HMP Since your plan format does not list or treat arrearage amounts separately for all secured creditors being paid through the plan, you ll want to include the arrearage amount in the Secured Amt. slot in the 13 Plan
9 Treatment tab in Schedule D. Even if there is an arrearage, leave the arrearage section of the 13 Plan Treatment tab blank for these creditors. ATTY CSP (Child Support, In Plan) NOT IN PLAN Assigned by Best Case Bankruptcy when you enter attorney fees to be paid through plan in the Claims tab and Other tab of the 13 Plan Calculator. DOES NOT AUTOMATICALLY PRINT ON PLAN Child Support The custom Western District of Tennessee Plan does not provide a section to list attorneys fees that are to be paid through the plan. If you specify that attorney s fees will be paid through the plan in the Claims tab of the 13 Plan Calculator, the fees will be included in the plan calculations but won t print on the plan. To have attorney s fee included in the printed plan in Other Provisions, you will need to open the 13 Plan Calculator, then click Other tab, then specify how much of the attorney s fees will be paid through the plan. Regular child support payments are made through the plan. Arrearage can be cured through plan if you use the ARR or ARPR class for the arrearage and input an arrearage amount in the 13 Plan Treatment tab in Schedule E. FILE (Filing Fees) HMP (Home Mortgage, In Plan) NOT (Not in Plan) SAL (Secured, avoid lien) SFP (Secured, fixed Payment) SLTO (Secured, long term, outside plan) SLTP (Secured, long term, in plan) SPR (Secured, paid prorata) NOT IN PLAN Assigned by Best Case Bankruptcy when you enter filing fees to be paid through plan in the Claims tab and Other tab of the 13 Plan Calculator. DOES NOT AUTOMATICALLY PRINT ON PLAN Home Mortgage NOT IN PLAN Other Provisions Secured Creditors Other Provisions Secured Creditors Secured Creditors The custom Western District of Tennessee Plan does not provide a section to list filing fees that are to be paid through the plan. If you specify that the filing fee will be paid through the plan in the Claims tab of the 13 Plan Calculator, the filing fee will be included in the plan calculations but won t print on the plan. To have this filing fee included in the printed plan, you will need to open the 13 Plan Calculator, then click Other tab, then specify how much of the filing fee will be paid through the plan. Debtor makes regular home mortgage payments through the plan. Does not print on the plan. Treated as an unsecured, general nonpriority creditor. If you use this class, Best Case will automatically add a note for you in the Other Provisions section. Will be paid in full up to the secured amount of the claim, with any unsecured portion being treated like other unsecured, general nonpriority creditors. With this fixed payment class, you will specify a term and a monthly payment amount. Debtor makes regular payments outside the plan. Payments to this creditor will continue after the plan has ended. Regular payments are made through the plan. This is a long term class so after the plan has ended, the debtor will resume regular payments. Will be paid in full up to the secured amount of the claim, with any unsecured portion being treated like other unsecured, general nonpriority creditors. With this prorata class, the trustee and the plan calculator will determine how much the creditor will receive each month.
10 SSR (Secured, surrender property) Other Provisions Paid 0%. Secured claim is wiped out because the debtor is surrendering property instead of paying it; if the amount of the claim is greater than the market value of the property being surrendered, the remaining portion of the debt is treated as unsecured, general nonpriority, and will receive a percentage of the amount owed based on funds available. U100 (Unsecured, special class, paid 100%) UGEN (Unsecured General Nonpriority) Other Provisions Unsecured Creditors Use this class for Schedule F claims that the debtor wants or needs to pay in full. Examples might include claims with codebtors or claims by creditors with whom the debtor wants to maintain a relationship, such as doctors. You ll need to fill in the amount of the claim. Paid after secured and priority claims. Paid a percentage of the amount owed based on the amount that the debtor can pay and the number of other creditors in this class, with the monthly payment amounts to be determined by the plan calculator/trustee. UPR (Unsecured, priority) Priority Creditors Paid in full after secured creditors, with monthly payment amount determined by the Plan Calculator and the trustee. Use this class for Schedule E claims which are to be paid in full. Make sure you have entered a priority amount in the creditor information tab. 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. 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 (Replacing) the Plan with the Best Case Editor 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 or create a PDF of 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. 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, doubleclick 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
11 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.