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In re: Chanel N. Brown

23 B 00837
Chapter 13 debtor proposed a 36-month plan.  A secured creditor with a claim treated in section 3.3 of the plan objected on the grounds that the plan did not comply with 11 U.S.C. § 1325(a)(6), since this creditor would not receive payment in full within 36 months.  HELD: The language of Official Form 113, which is the national form chapter 13 plan and must be used by debtors in the Northern District of Illinois, provides in section 2.1 that “[i]f fewer than 60 months of payments are specified, additional monthly payments will be made to the extent necessary to make the payments to creditors specified in this plan.”  Pursuant to this language, Debtor would be required to continue paying after the 36-month term of the plan had passed, until the Trustee had sufficient funds to pay this secured creditor as specified in section 3.3.  Therefore, Debtor satisfied the requirement of § 1325(a)(6) that she would be able to make all payments under the plan and to comply with the plan.  Objection overruled and plan confirmed.

Thursday, June 15, 2023