When you generate your Chapter 13 plan, certain sections are automatically populated with data pulled directly from your case. This article explains exactly how each part of your plan is filled in, so you know how your case information needs to be entered for it to appear in the correct section of your plan.
(These instructions are specific to the New Mexico District Plan. If you are looking for a different district, you can search the Help Center for the article related to your plan.)
§ 1.1 – Limit on Secured Claim Amount This section is controlled by whether you have added any claims under § 4.2(A), § 4.2(B), § 4.3(B), or § 4.4.
If you have added claims under any of those sections, the plan will reflect that this provision is Included.
If you have no claims under any of those sections, the plan will reflect that this provision is Not Included.
§ 1.2 – Lien Avoidance This section is controlled by whether you have added any claims under § 8.
If you have added claims under § 8, the plan will reflect that this provision is Included.
If you have no claims under § 8, the plan will reflect that this provision is Not Included.
§ 4.1(A) – Post-petition Mortgage Payments — Outside the Plan List all mortgage claims where the treatment is to pay outside the plan. For each claim, enter the creditor name, lien number, property address, estimated monthly payment, payment start date, and payment end date.
§ 4.1(B) – Post-petition Mortgage Payments — Conduit List all mortgage claims where the treatment is to pay conduit. For each claim, enter the creditor name, lien number, property address, estimated monthly payment, payment start date, and payment end date.
§ 4.1(C) – Pre-petition Mortgage Arrearages List all mortgage arrearage claims. For each claim, enter the creditor name, lien number, property address, estimated arrearage amount, interest rate, and type of payment (such as Gap, Pre-petition, or Post-petition).
§ 4.1(D) – Secured Real Property Claims Paid in Full List all mortgage claims where the treatment is to pay the mortgage in full through the plan. For each claim, enter the creditor name, lien number, property address, estimated claim amount, and interest rate.
§ 4.2(A) – Stripping Wholly Unsecured Mortgage Liens List all secured mortgage claims attached to real property where the secured balance has been overridden to $0.00. For each claim, enter the creditor name, property address, estimated claim amount, property value, estimated amount of senior mortgages on the same property, and interest rate.
§ 4.2(B) – Bifurcating Claims Secured by Real Property List all secured claims attached to real property where the treatment is Subject to 11 U.S.C. § 506 (Cram down). For each claim, enter the creditor name, property address, estimated claim amount, property value, estimated amount of senior mortgages on the same property, and interest rate.
§ 4.3(A) – Claims Secured by Personal Property — Paid in Full List all secured claims where the treatment is Excluded from 11 U.S.C. § 506 (910 Vehicle). For each claim, enter the creditor name, collateral description, estimated claim amount (secured balance), interest rate, and indicate whether adequate protection payments apply (Yes or No).
§ 4.3(B) – Bifurcating Claims Secured by Personal Property List all secured claims attached to personal property where the treatment is Subject to 11 U.S.C. § 506 (Cram down). For each claim, enter the creditor name, collateral description, estimated claim amount (secured balance), interest rate, and indicate whether adequate protection payments apply (Yes or No).
§ 4.4 – Secured Tax Claims List all secured claims attached to real property where "yes" is selected for "Is this for Real Estate Taxes?" and the treatment is Subject to 11 U.S.C. § 506 (Cram down). For each claim, enter the creditor name, collateral description, estimated claim amount (secured balance), property value, and interest rate.
§ 4.5 – Surrender of Property and Collateral List all claims where the intent is to surrender. For each claim, enter the creditor name and a description of the collateral to be surrendered.
§ 5.1 – Domestic Support Obligation Priority Claims List any domestic support obligation claims. For each claim, enter the creditor name, estimated claim amount, interest rate, and indicate whether the claim is assigned or owed to a governmental unit (Yes or No).
§ 5.2 – Other Priority Unsecured Claims List any priority claims that are not domestic support obligation claims. For each claim, enter the creditor name, estimated claim amount, and basis for the priority claim.
§ 6.1 – Separately Classified Nonpriority Unsecured Claims List all unsecured claims with special treatment that are not marked as paid outside the plan or paid outside the plan by a co-debtor. For each claim, enter the creditor name, collateral (if any), estimated claim amount, and interest rate.
§ 6.2 – Claims Paid Directly by Debtor or Co-borrower List all claims where the treatment is to pay outside the plan or pay outside the plan by a co-debtor. For each claim, enter the creditor name, collateral description, whether a co-borrower is responsible (Yes or No), estimated claim amount, estimated arrearage amount, interest rate, monthly payment amount, and number of months remaining.
§ 7 – Executory Contracts and Unexpired Leases List any lease claims where the intent is to assume. For each entry, enter the creditor name, description of the contract or lease, arrearage balance (if any), and interest rate.
§ 8 – Lien Avoidances — Other than Mortgages List all secured non-mortgage claims where the intent is to avoid the lien. For each claim, enter the creditor name, description of the lien or interest, amount of the lien or interest, property description, property value, value of claimed exemptions, total amount of all other liens or interests on the same property, and the amount of the lien or interest to be avoided.
Exhibit 1 – Best Interest of Creditors Test List all secured claims using the amounts from the Property Analysis section. For each asset, enter the asset description, value, cost of sale, exemption amount, and secured debt balance. The non-exempt value of each asset is calculated as: Value minus Cost of Sale minus Exemption minus Secured Debt.
💡 Note: If you don't see instructions for a specific section, that section likely requires a manual entry. You can enter data directly in the Plan Editor. Check out [this article] for tips on using the editor.