In the United States Bankruptcy Court

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN RE: § (debtor), § CASE NO. 00-11111-HCM/TMD § DEBTOR § CHAPTER 13

DEBTOR’S MOTION TO MODIFY CONFIRMED PLAN AND FIRST (or SECOND or THIRD) REQUEST FOR ADDITIONAL ATTORNEY FEES

This pleading requests relief that may be adverse to your interests.

If no timely response is filed within 21 days from the date of service, the relief requested herein may be granted without a hearing being held.

A timely filed response is necessary for a hearing to be held.

TO THE HONORABLE H. CHRISTOPHER MOTT, UNITED STATES BANKRUPTCY JUDGE: TO THE HONORABLE TONY M. DAVIS, UNITED STATES BANKRUPTCY JUDGE:

NOW COMES the Chapter 13 Debtor by and through their attorney files this Motion to Modify Confirmed Plan, and in support thereof would show the Court as follows:

1. The Debtor filed a voluntary petition for relief under Chapter 13 on ______. The Chapter 13 Plan was confirmed on ______(and subsequently modified by Order entered ______). According to the Trustee’s Recommendation Concerning Claims entered ______, the Confirmed Plan provides for a distribution to unsecured creditors equal to ____% of their claims. (OR The Plan as previously modified provides a distribution to unsecured creditors equal to ____% of their claims.) The Trustee is/is not currently disbursing ongoing mortgage payments.

2. The current confirmed (or modified) plan calls for monthly payments of $______(OR a variable payment plan of $______months 1-____ and $______months ____-____). The base amount of the plan is currently $______.

3. The Debtor’s first plan payment was due on (30 days after date of petition) ______. The plan is therefore currently in month ______. The last payment posted to Debtor’s case was on ______. The Debtor is current on the payments to the Trustee under the plan OR the Debtor is currently $______in arrears on the plan payments (please verify on Trustee’s website and be sure to reduce the TPI by any amount refunded to Debtor) due to (explain why Debtor fell behind on plan payments: unemployment, divorce, etc.)______. (Please note: a positive cure to plan payment delinquency must be proposed. The Trustee may object if Debtor is in arrears and there is a reduction in the modified base.)

4. Change in a circumstance which facilitates modification: Explain why Debtor fell behind on plan payments or couldn’t pay IRS or budgeted property tax liability and why Debtor feels this won’t happen again OR why Debtor wishes to surrender collateral (Debtor lost job, temporarily out of work due to illness, divorce, job change with change in income, collateral no longer in working order, etc.)

5. The Plan modification is necessary to make the following changes to the confirmed Plan: Add a secured (or priority) claim for ______to ______(name the creditor) pursuant to the claim on file dated ______, court claim number ____, and the modification provides for payments to this creditor through the plan following entry of the Order Modifying;

[*If the claim being added is post-petition conduit mortgage arrears, set out the specific months that will be or have been missed and the total amount of the post-petition claim being added. Please remember that the Trustee disburses in the current month for the next month’s mortgage payment (for instance, the January disbursement is made for the February mortgage payment) and the Order Modifying must be entered prior to disbursement if the ongoing mortgage payment is to resume for the subsequent month.]

The Debtor’s ongoing mortgage payment is being paid through the Chapter 13 Plan and is not current due to the Debtor’s plan payment delinquency. The Debtor proposes adding a secured post-petition arrearage claim for (mortgage creditor) ______for two (2) missed ongoing mortgage payments in the amount of $______each for the months of ______, 2015 and ______, 2015, for a total claim of $______to be paid at 0% interest through the Chapter 13 Plan.

OR Surrender ______to ______(name the creditor) in the amount of $______and the modification provides that payments to this creditor will cease following entry of the Order Modifying. The property securing this claim is being surrendered in full satisfaction of the debt. (NOTE: Include legal authority to support this.) OR This claim is not being surrendered in full satisfaction of the debt. The Debtor anticipates that Creditor ______will file a deficiency claim in the amount of $______, which is factored into the feasibility calculation that results in the dividend to unsecured creditors listed below. Creditor ______must file their deficiency claim no later than 90 days following entry of the Order Granting Modification pursuant to this Motion. OR Adjust plan payment lower (OR higher) due to ______. Other considerations:______.

6. The Debtor’s current budget will allow a monthly payment of $______per month which will be sufficient to pay the debts remaining within the ______months remaining of a _____-month plan (OR extending from a ____ to a _____-month plan) to pay all of the secured and priority debts in full with a distribution to unsecured creditors equal to ____% of their claims. The modified base amount will be $______, which was derived by adding the total paid in months 1-____ through (name month) in the amount of $______, [please verify on Trustee’s website; if the TPI figure includes the current month, please account for payments expected to be received during the month from active pay order, ACH or other payment by Debtor] plus $______which represents the modified payment of $______x _____ months ____-60.

(Note: The dividend to unsecured creditors must remain at or above the percent stated on the TRCC or prior post-confirmation modification OR must clearly state that the motion to modify yields a negative effect for the unsecured creditors. Don’t forget to figure in the 10% Trustee fee when calculating your modified plan.)

7. The Debtor has filed an Amended Schedule I and J contemporaneously with this motion which demonstrates that the Debtor is providing all current and anticipated disposable income to the plan and that the Debtor has the ability to continue the case as proposed. [Please note: Amended Schedules I&J MUST be contemporaneously filed along with the mod as a separate docket entry (per the Local Rules effective 11/1/13). Please review Debtor’s current pay stubs and most recent tax return to ensure accuracy of the Amended Schedule I filed with the mod OR explain why the Amended Schedule I is different from the pay stubs & tax return and provide those documents to the Trustee by email after the mod is filed. Please verify on the Trustee’s website that Debtor has turned over the tax refund reflected on Debtor’s return or provide for payment of the tax refund through the modification.]

8. The Debtors have incurred attorney fees in the amount of $_____ for filing this Motion to Modify, and request that these fees be paid through the plan at the rate of $_____ per month. The attorney fees are/are not included in the modified plan base. (If not included, please indicate that the modified plan base should be increased by the amount of fees to be awarded.) This is the first (or second or third) request for additional attorney fees. The original benchmark fees of $______were granted to the attorney at Confirmation (list subsequent awards, if any) and paid through Debtors’ plan

Wherefore, Debtor asks that the Court enter an Order Modifying Debtor’s Confirmed Chapter 13 Plan, award attorney’s fees, and for such other and further relief as this Court deems just and proper.

RESPECTFULLY SUBMITTED,

(ATTORNEY)

______(signature block goes here) Counsel for the Debtors

*Proposed order attached as exhibit.

Certificate of Service A Certificate of Service must be filed along with the Motion to Modify and be served on ALL creditors and parties in interest. If the IRS is a creditor in Debtor’s case, you must also serve IRS at all required service addresses. The Certificate of Service must be signed by an attorney or party (if appearing without counsel), and must list each of the entities served and their addresses.