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Chapter 13: North Carolina Western 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 North Carolina Western 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 § 3.2.

  • If you have added claims under § 3.2, the plan will reflect that this provision is Included.

  • If you have no claims under § 3.2, 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 § 3.4.

  • If you have added claims under § 3.4, the plan will reflect that this provision is Included.

  • If you have no claims under § 3.4, the plan will reflect that this provision is Not Included.


§ 1.3 – Surrender of Collateral This section is controlled by whether you have added any claims under § 3.5.

  • If you have added claims under § 3.5, the plan will reflect that this provision is Included.

  • If you have no claims under § 3.5, the plan will reflect that this provision is Not Included.


§ 1.4 – Executory Contracts and Unexpired Leases This section is controlled by whether you have added any claims under § 6.1.

  • If you have added claims under § 6.1, the plan will reflect that this provision is Included.

  • If you have no claims under § 6.1, the plan will reflect that this provision is Not Included.


§ 3.1 – Maintenance of Payments and Cure of Default List all secured mortgage claims where the intent is not to surrender or avoid. Do not list secured arrearages as separate claims. For each claim, enter the creditor name, collateral address, value of the collateral, current installment payment amount (including escrow), and estimated pre-petition arrearage (if any). Indicate whether the payment will be disbursed by the trustee (conduit), directly by the debtor, or by another party. Also indicate whether the debtor is electing to participate in the Loan Modification Management Program (Yes or No). If there are no such claims, this section will indicate "None."


§ 3.2 – Valuation and Modification of Secured Claims List all secured claims that are not mortgage claims where the secured balance is less than the balance on Schedule D and the intent is not to surrender. For each claim, enter the creditor name, estimated total claim amount from Schedule D, collateral description, value of the collateral, amount of all claims senior to this creditor's claim, secured claim amount, interest rate, monthly payment, and indicate whether the payment will be disbursed by the trustee, directly by the debtor, or by another party. If there are no such claims, this section will indicate "None."


§ 3.3 – Secured Claims Excluded from § 506 List all secured claims that are not mortgage claims where the secured balance is the same as the balance on Schedule D and the intent is not to surrender or avoid. For each claim, enter the creditor name, collateral description, amount of the claim, interest rate, monthly payment, and indicate whether the payment will be disbursed by the trustee, directly by the debtor, or by another party. If there are no such claims, this section will indicate "None."


§ 3.4 – Lien Avoidance List any secured claims where the intent is to avoid the lien. For each claim, enter the creditor name, collateral description, lien identification details (such as judgment date, recording date, and book and page number), secured claim amount remaining after avoidance, interest rate, and indicate whether the payment will be disbursed by the trustee, directly by the debtor, or by another party. If there are no such claims, this section will indicate "None."


§ 3.5 – Surrender of Collateral List all claims where the intent is to surrender. For each claim, enter the creditor name, collateral description, and claim amount. If there are no such claims, this section will indicate "None."


§ 4.4 – Priority Claims and Domestic Support Obligations This section covers two types of claims.

For priority claims that are not domestic support obligations, enter the creditor name and claim amount.

For domestic support obligation claims, enter the creditor name, mailing address, telephone number, and pre-petition arrearage amount (if any).

If there are no claims of either type, this section will indicate "None."


§ 5.2 – Maintenance of Payments on Nonpriority Unsecured Claims List any unsecured claims where the treatment is any of the three long-term treatment types. For each claim, enter the creditor name, current installment payment amount, arrearage balance (if any), and indicate whether the payment will be disbursed by the trustee, directly by the debtor, or by another party.

  • If the treatment is long-term — maintain payments inside the plan, or long-term — maintain payments and cure arrearages inside the plan, mark Trustee.

  • If the treatment is long-term — maintain payments outside the plan and cure arrearages inside the plan, mark Debtor.

If there are no such claims, this section will indicate "None."


§ 5.3 – Other Separately Classified Nonpriority Unsecured Claims List all unsecured nonpriority claims that have special treatment saved to the claim. For each claim, enter the creditor name, basis for separate classification and treatment, amount to be paid on the claim, interest rate (if applicable), and indicate whether the payment will be disbursed by the trustee, directly by the debtor, or by another party. If there are no such claims, this section will indicate "None."


§ 6.1 – Executory Contracts and Unexpired Leases List all lease claims where the intent is to assume. Do not list lease arrears as separate claims. For each entry, enter the creditor name, description of the leased property or executory contract, current installment payment amount, whether the payment will be disbursed by the trustee, directly by the debtor, or by another party, arrearage amount (if any), and treatment of the arrearage. 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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