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Chapter 13: South Carolina 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 South Carolina District Plan. If you are looking for a different district, you can search the Help Center for the article related to your plan.)


§ 3.1 – Maintenance of Payments and Cure of Default This section covers mortgage claims where the intent is not to avoid or surrender, and contains three subsections.

  • For § 3.1(a) — mortgage claims with no arrearages where the treatment is to pay outside the plan: enter the creditor name and collateral description for each claim. If there are no such claims, this subsection will show a blank row.

  • For § 3.1(b) — mortgage claims in default where the treatment is to pay inside the plan: enter the creditor name, collateral description, estimated arrearage amount, interest rate on the arrearage (if any), and monthly plan payment on the arrearage for each claim. If there are no such claims, this subsection will show a blank row.

  • For § 3.1(c) — conduit mortgage payments through the plan: this subsection will be checked if there are any mortgage claims where the treatment is to pay conduit.

If there are no mortgage claims at all, this section will indicate "None."


§ 3.2 – Valuation and Modification of Secured Claims List all secured claims where the treatment is Subject to 11 U.S.C. § 506 (Cram down). This section has two subsections — one for non-governmental claims and one for governmental claims. 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, and estimated monthly payment to be disbursed by the trustee. If there are no such claims, this section will indicate "None."


§ 3.3 – Secured Claims Excluded from § 506 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, interest rate, and estimated monthly payment. Indicate whether the payment will be disbursed by the trustee or directly by the debtor. 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. This section has two forms — one for standard lien avoidance and one for avoidance of liens on co-owned property.

For standard lien avoidance, enter the creditor name and property description, estimated lien amount, total of all senior or unavoidable liens, applicable exemption and code section, value of the debtor's interest in the property, amount of the lien not avoided (if any), and amount of the lien avoided.

For co-owned property, enter the creditor name and property description, total equity, debtor's equity, applicable exemption and code section, non-exempt equity, estimated lien, amount of the lien not avoided (if any), and amount of the lien avoided.

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 and a description of the collateral. If there are no such claims, this section will indicate "None."


§ 4.4 – Priority Claims and Domestic Support Obligations This section covers all priority claims paid through the plan.

For domestic support obligation claims, enter the creditor name (the DSO recipient), the amount of the claim to be paid, and the monthly payment amount. Indicate whether the payment will be disbursed by the trustee or directly by the debtor. If there are DSO claims, the Domestic Support Claims checkbox will be checked. If there are none, it will be left unchecked.

All other allowed priority claims are paid by the trustee on a pro rata basis without requiring separate data entry.


§ 5.2 – Maintenance of Payments on Nonpriority Unsecured Claims List any unsecured claims where the treatment is long-term — maintain payments outside the plan and cure arrearages inside the plan. For each claim, enter the creditor name, contractual payment amount (paid directly by the debtor), estimated arrearage through the month of filing or conversion, and monthly payment on the arrearage to be disbursed by the trustee. If there are no such claims, this section will indicate "None."


§ 5.3 – 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, total amount to be paid on the claim through the plan, and interest rate (if applicable). Also specify the amount and frequency of payments, whether they are disbursed by the trustee or the debtor, and provide a brief statement of the basis for separate classification and treatment. If there are no such claims, this section will indicate "None."


§ 6.1 – Executory Contracts and Unexpired Leases List all leases where the intent is to assume. Do not list lease arrears as a separate claim. For each entry, enter the creditor name, description of the leased property or executory contract, current installment payment amount (paid directly by the debtor), estimated arrearage through the month of filing or conversion (if any), and estimated monthly payment on the arrearage to be disbursed by the trustee. 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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