Chapter 13 Plan Tweaked

The mandatory chapter 13 form plan for Kansas has been tweaked by the bankruptcy court. The changes go into effect for cases filed on or after December 1, 2012, per the standing order 12-1. The changes were made after receiving recommendations from the bench-bar committee.

Here is a redlined version of the two paragraphs changed in the mandatory chapter 13 form plan:


b. Debtor’s attorney fees will be paid through the Plan as stated below, subject to modification by the Trustee of the time period over which fees will be paid, as necessary to make the Plan feasible. Counsel for Debtor reserves the right to submit additional fee applications, but payment is subject to Court approval. Debtor consents to such increases in Plan payments as may be necessary to pay any approved additional fees.

Total f Fees for the case: $

Case closing fees $

Total fees paid to date: $

Balance of fees to be paid through the Plan: $

Number of months over which fees shall be paid:

8. RELIEF FROM STAY REGARDING PROPERTY TO BE SURRENDERED: On Plan confirmation, any creditor may repossess, foreclose upon, sell or obtain possession of the property the Plan proposes to surrender without obtaining stay relief. This provision does not prevent the earlier termination of the stay under operation of law or court order. Nothing contained in this section operates to permit in personam relief, modify any applicable co-Debtor stay or to abrogate Debtor’s rights and remedies under non-bankruptcy law. The trustee shall not make distributions on account of any secured claim in this class.

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About Jill Michaux

Jill Michaux is a Kansas bankruptcy attorney with Neis Michaux Law Office. She and her partner, Mark Neis, are Topeka's only consumer bankruptcy law specialists. They are board certified by the American Board of Certification.