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United States Bankruptcy Court Middle District of Alabama IN RE:

Howard, Greg W & Howard, Sandra E


Debtor(s)

Case No. Chapter 13 CHAPTER 13 PLAN Check if Amended Plan

CREDITORS RIGHTS WILL BE AFFECTED BY THIS PLAN. You should read this and other documents sent to you carefully and discuss them with your attorney.

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TO FILE AN OBJECTION TO CONFIRMATION. An Objection to Confirmation must be filed not later than seven (7) days prior to the date fixed for the Confirmation hearing and must state with particularity the grounds for the objection. See LBR 3015-2, which can be found at www.almb.uscourts.gov/lrules/index.htm, and must state with particularity the grounds for the objection. PROOFS OF CLAIM. Creditors must file a proof of claim to be paid. Confirmation of this plan does not bar the debtor, Trustee or a party in interest from objecting to a claim. 1. PAYMENT AND LENGTH OF PLAN Debtor(s) shall pay $ 128.00 per semi-monthly to the Chapter 13 Trustee beginning months. 2. FILING FEES . The length of the plan is 55 The Filing fee as prescribed by LBR 1006-1 shall be paid as follows: Filing Fee paid in full directly to the Clerk of Court with the petition Filing Fee is being paid in installments pursuant to LBR 1006 1 directly to the Clerk of Court Filing Fee is being paid in installments pursuant to LBR 1006-1 through the debtor's Chapter 13 plan as follows: Total Filing Fee: 274.00 Initial Installment paid with filing of petition: 50.00 Remaining Balance to be paid through Chapter 13 plan: 224.00 3. ATTORNEYS FEES FOR DEBTOR(S) BANKRUPTCY COUNSEL The following attorneys fees shall be paid through the debtors plan payments: Total attorney fee Amount paid by the debtor prior to filing directly to attorney Net Attorney fee being paid through the chapter 13 plan disbursements 4. SECURED CLAIMS PAID THROUGH THE PLAN
2,500.00 0.00 2,500.00

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Creditor

The Debtor proposes that the Trustee make adequate protection payments prior to the confirmation of this Plan, pursuant to 1326(a)(1) to the following creditors indicated below holding a purchase money security interest in personal property. Only those creditors entitled to 1326(a)(1) adequate protection payments will receive pre-confirmation payments through the debtor's payments to the Trustee. The Trustee shall commence making such payments to creditors holding allowed claims secured by an interest in personal property consistent with the Trustee's distribution process and only after the timely filing of a proof of claim by such creditor. The Trustee shall receive the percentage fee fixed under 28 U.S.C. 586(e) on all adequate protection payments. Pre-confirmation adequate protection payments shall be applied to the principal of the creditor's claim. Upon confirmation of this plan all secured creditors will receive adequate protection payments as set out below along with the payment of the debtor's attorney's fees. At such time as the debtor's attorney's fees have been paid in full, the creditor's claim shall be paid its specified monthly plan payments on the terms and conditions listed below as required under Section1325(a)(5).
910/365 Claim? Yes/No 1326 PMSI Adeq Interest Prot? Rate Yes/No Specified Monthly Payment

Collateral Description

Amount of Debt

Collateral Value

Adeq Prot Pay

CREDIT FIRST NA/ FI Credit First NA/Firest

4 TIRES 4 TIRES

N Y

845.71 678.45

100.00 500.00

4.25 4.25

Y Y

5.00 5.00

5.00 20.00

5. LONG TERM DEBTS MAINTAINED THROUGH PLAN

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The Debtor proposes that the Trustee maintain the following long term debts through the plan. The Trustee shall make payments prior to confirmation of this Plan, to all of the following long term creditors indicated below. The Trustee shall commence making such payments to creditors holding allowed secured claims consistent with the Trustee's distribution process and only after the timely filing of a proof of claim by such creditor. The Trustee shall receive the percentage fee fixed under 28 U.S.C. 586(e) on all payments. Upon confirmation of this plan said long term creditors will receive payments as set out below along with the payment of the debtor's attorney's fees.
Creditor Collateral Description Amount of Debt Collateral Value Monthly Payment

None

6. SURRENDERED PROPERTY

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Creditor Collateral Description Amount of Debt Value of Collateral

Debtor surrenders the following collateral. Upon confirmation, the automatic stay (including the co-debtor stay) is lifted as to surrendered collateral. Any claim submitted by such creditor will receive no distribution under this Plan until an amended proof of claim is filed by such creditor, reflecting any deficiency balance remaining following surrender.

None

7. CURING DEFAULTS

Pursuant to 1322(b)(5) the debtor shall cure defaults with respect to the creditors indicated below. Trustee shall pay the allowed claims for arrearages at 100% through this Plan. The amount of default to be cured under this provision shall be the amount of the allowed claim filed by the creditor. The "amount of arrearage" listed herein is an estimate, and in no way shall this estimate limit what the Trustee shall distribute to said creditor under this plan to cure the default.
Creditor Collateral Description Amount of Arrearage Interest Rate Monthly Payment

None

8. DIRECT PAYMENTS

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Creditor

The following secured creditors or holders of long-term debt will be paid directly by the debtor to the creditor. The debtor shall make all 1326 pre-confirmation adequate protection payments directly to the following creditors pursuant to the terms of the contract with the creditor. The debtor shall continue to make all payments to the creditor directly pursuant to the terms of the contract following the confirmation of the debtor's plan.
Collateral Description Amount of Debt Value of Collateral Date Payment to Resume Direct Payment Amount

BAC HOME LOANS

HOUSE & LOT LOCATED AT 303

185,551.36

192,000.00

4/1/2010

1,318.45

9. DOMESTIC SUPPORT OBLIGATIONS

The Debtor proposes that prepetition Domestic Support Obligation arrearage claims indicated below shall be paid in full through this plan pursuant to 507(a)(1) unless the claimant agrees to some other treatment or the Court orders otherwise. The Debtor shall directly pay all ongoing Domestic Support Obligations that become due after filing of the petition.
Creditor Total Arrearage Specified Monthly Payment

VALERIE MITHCELL

7,680.62

193.00

The Debtor shall directly pay all ongoing Domestic Support Obligations that become due after filing of the petition. 10. PRIORITY CLAIMS (EXCLUDING DOMESTIC SUPPORT OBLIGATIONS)

The Debtor will pay all priority claims pursuant to 507 unless claimant expressly agrees otherwise including the following:
Claimant Type of Priority Scheduled Amount

Monthly Payment

None

11. EXECUTORY CONTRACTS AND UNEXPIRED LEASES

Executory contracts and/or leases receive the following designated treatment. For all executory contracts or unexpired leases being assumed by the debtor pursuant to this plan, the debtor shall make all pre-confirmation 1326 adequate protection payments directly to the Lessors pursuant to the terms of the contract. For all contracts assumed, the debtor shall continue to make all payments directly to the creditor pursuant to the terms of the contract following the confirmation of the debtor's plan.
Creditor Collateral Description Reject Assume

None

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12. SPECIALLY CLASSIFIED UNSECURED CLAIMS The following claims shall be paid as specially classified unsecured claims and shall receive the following designated treatment:
Creditor Amount of Debt to be Specially Classified Interest Rate Specified Monthly Payment

None

13. UNSECURED CLAIMS Allowed non-priority unsecured claims shall be paid through the distribution of the debtors chapter 13 plan at a rate of %, or pro rata participation in a POT Plan of $ 1,702.00 for the benefit of unsecured creditors, or until all allowed claims are paid in full. If this proposed dividend to unsecured creditors is less than 100%, debtors propose to pay to the Trustee all projected disposable income for the applicable commitment period for the benefit of unsecured creditors as required by 1325(b).

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14. OTHER PLAN PROVISIONS (a) Lien Retention: Allowed secured claim holders shall retain liens until liens are released or upon completion of all payments under this Plan. (b) Vesting of Property of the Estate: Property of the Estate shall remain property of the estate subsequent to confirmation of this plan. Property of the estate includes all of the property specified in 11 U.S.C. sections 541 and 1306. Property of the estate is defined in sections 541 and 1306 and includes all property of the kind specified in such section acquired by the debtor(s) after commencement of the case but before the case is closed, dismissed or likewise converted to one under another chapter of the Code. Specifically, all debtor property now owned or hereafter acquired after commencement of the chapter 13 shall remain property of the bankruptcy estate until this chapter 13 case is discharged, converted to a case under chapter 7 or 11 or dismissed. The debtor shall have use of property of the estate, subject to the requirement of section 363 of the Bankruptcy Code (c) Direct Payment by Debtor: Secured creditors and lessors to be paid directly by the Debtor(s) may continue to mail to Debtor(s) the customary monthly notices or coupons notwithstanding the automatic stay. (d) Other Provisions of the Plan Not Elsewhere Described:
None /s/ Greg W Howard March 23, 2010

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Debtors Signature Debtors Signature
/s/ Sandra E Howard /s/ Michael D. Brock

Date Date Date

March 23, 2010

March 23, 2010

Debtors Counsels Signature

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CERTIFICATE OF NOTICE
District/off: 1127-1 Case: 10-10511 User: csanders Form ID: pdf13pln Page 1 of 1 Total Noticed: 23 Date Rcvd: Mar 24, 2010 The following entities were noticed by first class mail on Mar 26, 2010. db/jdb +Greg W Howard, Sandra E Howard, 3031 Hwy 134 E, Headland, AL 36345-6151 2073087 +BAC HOME LOANS, 450 AMERICAN STREET #SV416, SIMI VALLEY, CA 93065-6285 2073088 +CAPITAL ONE, P.O. Box 30281, Salt Lake City, UT 84130-0281 2073089 +CHASE/CIRCUIT CITY, 800 BROOKSEDGE BLVD, WESTERVILLE, OH 43081-2822 2073090 +COUCH, STILLMAN, BLITT & CONVILLE, 2820 COLUMBIANA RD, STE 210, BIRMINGHAM, AL 35216-2565 2073091 +CREDIT FIRST NA/ FIRESTONE, 6275 EASTLAND RD, BROOK OARK, OH 44142-1399 2073092 +CREDIT FIRST NA/FIRESTONE, 6275 Eastland Road, Brook Park, OH 44142-1399 2073093 +CREDIT SOLUTIONS, 2370 PERFORMANCE DR, BLDG D, RICHARDSON, TX 75082-4333 2073094 +FIRST EQUITY CARD/TSYS, PO BOX 84075, COLUMBUS, GA 31908-4075 2073095 +GE CAPITAL / PAYPAL BUYER CREDIT, P.O. BOX 981400, EL PASO, TX 79998-1400 2073098 +HOME DEPOT/CITIBANK, PO BOX 6497, SIOUX FALLS, SD 57117-6497 2073085 +HOWARD GREG W, 3031 Hwy 134 E, Headland, AL 36345-6151 2073086 +HOWARD SANDRA E, 3031 Hwy 134 E, Headland, AL 36345-6151 2073099 +HSBC BANK, P.O. BOX 81622, SALINAS, CA 93912-1622 2073100 NATIONAL ACTION FINANCIAL SERVICES, P.O. BOX 9027, WILLIAMSVILLE, NY 14231-9027 2073102 +STATE OF ALABAMA DHR, CHILD SUPPORT, 50 N RIPLEY STREET, MONTGOMERY, AL 36130-1001 2073103 +VALERIE MITHCELL, 124 MARBORO RD, SOUTHBOROUGH, MA 01772-1212 2073104 +WELLS FARGO FINANCIAL BANK, 3201 N 4TH AVE, SIOUX FALLS, SD 57104-0700 2073105 +ZARZAUR & SCHWARTZ P.C., P.O. BOX 11366, BIRMINGHAM, AL 35202-1366 2073106 +ZWICKER & ASSOCIATES, 80 MINUTEMAN ROAD, ANDOVER, MA 01810-1008 The following entities were noticed by electronic transmission 2073096 +E-mail/PDF: gecsedi@recoverycorp.com Mar 24 2010 P.O. BOX 103104, ROSWELL, GA 30076-9104 2073097 +E-mail/PDF: gecsedi@recoverycorp.com Mar 24 2010 EL PASO, TX 79998-1400 2073101 E-mail/PDF: gecsedi@recoverycorp.com Mar 24 2010 EL PASO, TX 79998-1064 ***** BYPASSED RECIPIENTS ***** on Mar 24, 2010. 23:29:56 GEMB/SAMS CLUB, 23:29:56 23:29:56 GEMB/SAMS,

NONE.

Addresses marked + were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP.

I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief.

Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciarys privacy policies.

Date: Mar 26, 2010

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BANKRUPTCY DEPT, P.O. BOX 981400, SAMS CLUB, P.O. BOX 981064, TOTAL: 3 TOTAL: 0

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Signature:

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