[CLBS] Request for feedback for Idaho Form Chapter 13 Plan

[Tecla Druffel]

Dear Bankruptcy Community Colleagues:


The Local Rules Committee seeks your comments on the below provisions
related to our district’s Chapter 13 Plan.  We hope to solicit your
comments on a more regular basis to avoid confusion.  You will likely see
more of these types of e-mails as we work through the Chapter 13 Plan.


As many of you are aware, the District of Idaho elected to prepare its own
model plan rather than go with the National Plan.  The overall intent is to
stay closely aligned with the National Plan but retain those provisions of
local flavor that are needed based on the circumstances.



Today’s question/item for discussion is found in 3.1, 3.2, and 3.3.  All
three provisions in the Idaho plan include the language "in equal monthly
installments over the term of the plan."  This language refers to
1325(a)(5)(B)(iii)(I).


[image: 1.png]
[image: 2.png]
[image: 3.png]




The National Plan does not contain this language.  The language references
a duty already required by the Code.  The language does not articulate or
correct the ambiguity of when plan payments begin.  Please note the
attached ABI article regarding the issue this language may be directed at
correcting.



The Subcommittee suggests its removal.  What are your thoughts or
comments?  Please email me directly at tecla at lewistonbankruptcylawyer.com.



Thank you for your consideration.


Tecla Druffel
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