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Chapter 13: New York Southern District Plan Instructions

Written by Sara Taylor
Updated today

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 York Southern District Plan. If you are looking for a different district, you can search the Help Center for the article related to your plan.)


§ 1.3 – Limit on Secured Claim Amount This section is controlled by whether you have added any claims under § 3.3.

  • If you have added claims under § 3.3, the plan will reflect that it does limit the amount of a secured claim based on valuation of the collateral.

  • If you have no claims under § 3.3, the plan will reflect that it does not limit the amount of a secured claim.


§ 1.3 – Lien Avoidance This section is controlled by whether you have added any claims under § 3.3 where the intent is to avoid.

  • If you have added claims with the intent to avoid, the plan will reflect that it does avoid a security interest or lien.

  • If you have no such claims, the plan will reflect that it does not avoid a security interest or lien.


§ 3.1(a) – Maintenance of Payments and Cure of Default List all secured claims where the intent is not to avoid or surrender and where the treatment is to pay outside the plan. For each claim, enter the creditor name, last 4 digits of the account number, whether the property is the debtor's principal residence (check box), property description, and current monthly payment amount. If there are pre-petition arrearages, enter the creditor name, last 4 digits of the account number, whether the property is the debtor's principal residence, property description, arrearage balance as of the petition date, and interest rate on the arrearage (if any).


§ 3.2 – Surrender of Collateral List all claims where the intent is to surrender. For each claim, enter the creditor name, property description, and last 4 digits of the account number. If there are no such claims, this section will indicate "None."


§ 3.3 – Avoidance and Valuation of Security List all claims where the treatment is Subject to 11 U.S.C. § 506 (Cram down) or where the intent is to avoid the lien. For each claim, enter the creditor name, property description, last 4 digits of the account number, value of the collateral, total amount of the claim from Schedule D, estimated secured claim amount, and estimated unsecured claim amount. If there are no such claims, this section will indicate "None."


§ 3.4 – Claims Secured by Personal Property — Paid in Full List any claims where the treatment is Excluded from 11 U.S.C. § 506 (910 Vehicle). Check the appropriate box to indicate whether the claim was incurred within 910 days before the petition date and secured by a motor vehicle, or within 1 year of the petition date and secured by any other thing of value. For each claim, enter the creditor name, property description, last 4 digits of the account number, amount of the secured claim, and interest rate. If there are no such claims, this section will indicate "None."


§ 4.4 – Domestic Support Obligations This section is controlled by whether any domestic support obligation claims have been entered.

  • If there are domestic support obligation claims with arrears, the plan will reflect that the debtor has a domestic support obligation that is not current and will be paying arrears through the plan. Enter the name of the recipient and the arrearage balance as of the petition date.

  • If there are domestic support obligation claims that are current, the plan will reflect that the debtor has a domestic support obligation and is current and will remain current.

  • If there are no domestic support obligation claims, this section will indicate "None."


§ 4.5 – Other Priority Claims List any priority claims that are not domestic support obligation claims. For each claim, enter the creditor name and the arrearage balance as of the petition date.


Part 5 – Executory Contracts and Unexpired Leases List any lease claims. For each assumed lease, enter the creditor name, description of the property, current installment payment amount, and arrearage balance as of the petition date (if any). For each rejected lease, enter the creditor name and property description. If there are no such claims, this section will indicate "None."


💡 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.

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