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 Dakota District Plan. If you are looking for a different district, you can search the Help Center for the article related to your plan.)
§ 2.2 – Tax Years for Refund Turnover This section lists the current tax year and the following four years, in the format: current year, next year, next year, next year and next year (for example: 2024, 2025, 2026, 2027 and 2028).
§ 3.2 – Attorney Fees This section is controlled by whether attorney fees are owed.
If attorney fees are owed, the section will reflect the estimated total fees to be paid through the plan, the monthly payment amount, and the number of months beginning with the first payment date.
If no attorney fees are owed, this section will indicate "No such claim owed."
§ 3.3 – Domestic Support Obligations List any domestic support obligation claims. For each claim, enter a brief description of the claim, the total claim amount, and the amount to be paid during the plan term. If there are no such claims, this section will indicate "No such claim owed."
§ 3.5 – Other Priority Claims List any priority claims that are not domestic support obligation claims. For each claim, enter the creditor name, priority claim balance, monthly payment, and number of payments (calculated by dividing the balance by the monthly payment, rounded up to the nearest whole number), beginning with the first payment date. If there are no such claims, this section will indicate "No such claim owed."
§ 4.1 – Assumed Executory Contracts and Leases List all leases where the intent is to assume. For each entry, enter the name of the lessor or other party, description of the leased property or subject of the executory contract, arrearage balance and payment terms (if any), and current installment payment amount with number of months remaining. If there are no such claims, this section will indicate "None to assume."
§ 4.2 – Rejected Executory Contracts and Leases List all leases where the intent is to reject. For each entry, enter the name of the lessor or other party and description of the leased property or subject of the executory contract. If there are no such claims, this section will indicate "None to reject."
§ 5.1 – Claims Secured by Principal Residence List all mortgage claims attached to the debtor's residential property where the intent is not to surrender or avoid. Enter the property address at the top of the section. For each claim, enter the creditor name, arrearage balance and payment terms including interest rate (enter "none" if no arrearage), and the mortgage balance with monthly payment and plan length. If there are no such claims, this section will indicate "No such claim owed."
§ 5.2 – Fully Secured Claims — Real or Personal Property List all secured claims where the intent is not to surrender or avoid and the treatment is to pay inside the plan, excluding any claims already covered in § 5.1, § 5.3, or § 5.4. For each claim, enter the creditor name and collateral description, arrearage balance and payment terms including interest rate (enter "none" if no arrearage), and the claim balance with monthly payment and number of months. If there are no such claims, this section will indicate "No such claim owed."
§ 5.3 – Claims Partially Secured Under § 506 List all secured claims where the treatment is Subject to 11 U.S.C. § 506 (Cram down). For each claim, enter the creditor name and collateral description, value of the collateral (fair market value), total amount of the claim from Schedule D, unsecured balance, and secured claim amount with monthly payment and number of months including the interest rate. If there are no such claims, this section will indicate "No such claim owed."
§ 5.4 – 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 and collateral description, total claim balance, and monthly payment with number of months (calculated by dividing the amortized balance by the monthly payment, rounded up to the nearest whole number). If there are no such claims, this section will indicate "No such claim owed."
§ 5.5 – 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 being surrendered. If there are no such claims, this section will indicate "No collateral to be surrendered."
Part 6 – Unsecured Nonpriority Claims This section is populated when there are unsecured nonpriority claims in the case. It reflects the estimated percentage distribution to unsecured creditors based on the funds remaining after all other disbursements. If there are no such claims, this section will indicate "No such claim owed."
💡 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.