Chapter 7 Success Lawyers Chicago - Notice to creditor

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

In Re: 02-xxxxx

Cynthia Smith, Chapter 13

Debtor(s). Judge Pamela S. Hollis

MOTION TO AMEND PLAN TO DEFER THE PLAN PAYMENT DEFAULT

NOW COMES the Debtor, by and through her attorneys, DAVID M. SIEGEL & ASSOCIATES, to present her Motion, and in support thereof states as follows:

1. Jurisdiction is proper and venue is fixed in this Court with respect to these parties.
2. On April 3, 2002 the Debtor filed a voluntary petition for relief pursuant to Chapter 13 under Title 11 USC, and the Chapter 13 plan was confirmed on June 2, 2002.
3. Marilyn O. Marshall is the Trustee in this case.
4. The Debtor’s Chapter 13 plan provides for monthly plan payments of $675.00 for an initial plan term of 36 months, with payment in full to general unsecured creditors on their allowed claims.
   
5. The Debtor has paid over $18,000.00 into her plan to date.
   
6. The Debtor defaulted in her chapter 13 plan payments due to expenses associated with the illness of her husband. She is now able to resume payments to fund her chapter 13 plan.
   
7. The plan payment default amounts to $6,779.00 through June, 2005.
   
8. The Debtor is prepared to resume making her plan payments, commencing with the payment due on July 2, 2005.
   
9. Debtor proposes to amend her chapter 13 plan pursuant to 11 U.S.C. §1329 to defer the plan payment default of $6,779.00 to the end of the plan. Debtor makes this proposal in good faith and with the intention of completing her Chapter 13 plan.
   
10. Deferring the plan payment default of $6,779.00 will not cause the confirmed Chapter 13 plan to run longer than 60 months.

WHEREFORE, the Debtor, Cynthia Smith, prays that this Honorable Court enter an Order to Amend the Plan to Defer the Plan Payment Default, and for other such relief as the Court deems fair and proper.

Respectfully Submitted,

­__________/s/_______________

A.R.D.C. #62xxxx
Attorney for the Debtor(s)

DAVID M. SIEGEL & ASSOCIATES
Wheeling, IL 60090