Do Secured Claims Need to Be Provided for By The Plan?

By Neil Enmark, Staff Attorney to Chapter 13 Trustee David P. Cusick (Sacramento, CA)

SECURED CLAIMS MAY NOT BE PROVIDED FOR

A form plan is required nationally on December 1, 2017 with the amendments to the Federal Rules of Bankruptcy Procedure, (including FRBP 3015(c), and new rule FRBP 3015.1). Districts may require that a Local Form plan be used under FRBP 3015.1. Part 3 of the national form plan has five sections dealing with secured claims, but does not address whether all secured claims must be provided for by the plan.

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