Nancy K. Neidich
Standing Chapter 13 Trustee
Southern District of Florida | Miami Division

Plan Language Suggestions

100% Language

100% Language The debtor(s) will modify the plan to increase the amounts to be paid to provide for a 100% payment of all allowed unsecured claims.

Income Verification Language (IVL)

IVL

The debtor(s) is hereby advised that the chapter 13 trustee has requested that the debtor(s) comply with 521(f) 1-4 on an annual basis during the pendency of this case. The debtor(s) hereby acknowledges that the deadline for providing the Trustee with their filed tax returns is on or before May 15 of each year the case is pending and that the debtor(s) shall provide the trustee with verification of their disposable income if their gross household income increases by more than 3% over the previous year’s income.

Lawsuit | Litigation Language

Lawsuit | Litigation Language: The debtor will modify the plan to provide for the distribution of funds recovered from his pending lawsuit which are not exempt to the unsecured creditors

Gambling Language

Gambling Language: If the debtor receives gambling winnings during the pendency of the plan the debtor shall turn over any gross winnings to the Chapter 13 Trustee for the benefit of the unsecured creditors.

Turn Over of Tax Refund

Turn over of Tax Refund: The debtor(s) will provide copies of his/her income tax returns to the Chapter 13 Trustee on or before May 15 and the last pay advice received each year showing the year to date amount withheld for taxes during the pendency of the plan. If the debtor pays less in taxes than the amount listed on CMI line 30 or on the Sch I, the debtor will turnover the difference to the Chapter 13 Trustee for the benefit of the unsecured creditors