Robert I. Cohen Mark E. Henze 6/21/2013
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1 Robert I. Cohen Mark E. Henze A Professional Corporation 1888 Sherman Street, Suite 400 Denver, Colorado Telephone: (303) Fax: (303) cohenroberti@qwestoffice.net 6/21/2013 In order to obtain a new debt for a house, car, or other major purchase while you are still in a Chapter 13 payment plan, it is necessary to obtain the permission of the Chapter 13 Trustee. He/she must determine that the new purchase will not jeopardize your ability to continue making your promised plan payments. Note that this permission must be obtained AFTER you find the actual car or house you desire to make an offer on and AFTER you have obtained information concerning what financing is available to you that will allow you to make the purchase. This means that you may have to wait a few days or weeks after getting loan approval before the new transaction can be finalized. Enclosed is an Application to Incur New Debt (use the form for your Trustee) that needs to be completely filled out and must describe the ACTUAL loan terms that are being offered to you. In addition, I have enclosed a couple of sheets for you to fill out describing your current monthly income and your current monthly expenses. The object here is to prepare a new budget showing that WITH THE NEW PAYMENT, you will still have just enough money left over to make your plan payments. The difference between your monthly income and your monthly bills should be the same as your plan payment obligation. Please note that this is not typical work that is covered by your original fee quote. We require attorney fees in the amount of $ to process this request and cannot guarantee that your request will be approved. Approval generally depends upon the Trustee s belief that the new purchase is beneficial to you, whether the terms being offered are fair and reasonable, and whether your budget will allow you to make these new payments. Please fill these forms out and return them to our office together with your check in the amount of $200. We will then forward them to the Chapter 13 Trustee for his approval. Sincerely, Robert I. Cohen, P.C. Mark Henze MEH/cp Enclosure
2 Douglas B. Kiel, Chapter 13 Trustee 4725 S. Monaco St. Denver CO P: F: APPLICATION TO INCUR NEW DEBT ***ALL REQUESTS MUST BE REVIEWED AND SIGNED BY YOUR ATTORNEY BEFORE SUBMITTING TO THE TRUSTEE*** 1. Date of request: 2. Debtor s Name and Address: 3. Case Number: 4. Plan Confirmed/Date Confirmed: 5. Property revested with the Debtor(s) YES _X_ NO 6. Amount Debtor(s) have requested to borrow: 7. Lender from whom Debtor(s) propose to borrow: 8. Purpose of Loan: Purchase a residence ; Purchase an Automobile; Other (Explain Below): 9. Interest Rate: % 10. Monthly Payment (PITI if mortgage) : An amended budget, PREPARED BY YOUR ATTONREY, reflecting your current financial situation must* be submitted with this application. The amended budget must include the proposed new monthly payment so the feasibility of this application may be properly determined. This application will be denied without the submission of a current budget. Additional comments: Reviewed by: Attorney For Debtor(s) Please allow one week to process your request. Be sure to indicate where the response is to mailed, faxed or ed. ******If your bankruptcy petition was filed on or after October 17, 2005 the Trustee will not approve an early payoff of your bankruptcy.
3 Attn: Jim Howard SALLY ZEMAN - CHAPTER 13 TRUSTEE APPLICATION TO INCUR NEW DEBT ALL REQUESTS MUST BE REVIEWED AND SIGNED BY YOUR ATTORNEY BEFORE SUBMITTING TO THE TRUSTEE Date of Request: Debtors Name and Address: Case No. Latest Plan Confirmation Date: Property revested with Debtor? Yes Amount Debtor has requested to borrow: Lender from whom Debtor proposes to borrow (Include lender s address if you wish to have a copy mailed to them: Purpose of Loan: Interest Rate: (Range) % Monthly payment (PITI, if a mortgage): An amended budget, PREPARED BY YOUR ATTORNEY and reflecting your current financial situation, must be completed with this application. The amended budget must include the proposed new monthly payment so the feasibility of this application may be properly determined. This application be denied without the submission of a current budget. Additional Comments: Please allow one week to process your request. Be sure to indicate where the response is to be mailed or FAX d PLEASE FAX TO : Robert I. Cohen, P.C. (303) Other: ( ) CHAPTER 13 OFFICE LOCATION: 1888 SHERMAN STREET, SUITE 750, DENVER, CO REVIEWED BY: Robert I. Cohen #3678 Mark E. Henze, # Sherman Street, Suite 400 Denver, CO Tele: (303) / Fax: (303)
4 HOUSEHOLD INFORMATION Marital Status: Married: Divorced: Separated: Single: Persons living in Household: (Yes/No) HOUSEHOLD INCOME (Please attach or bring copies of recent paystub) Employment: DEBTOR CO-DEBTOR / SPOUSE Occupation: Employer: Years employed: Address: How often paid: Weekly: Every Two Weeks: Twice a Month: Monthly: DEBTOR CO-DEBTOR / SPOUSE GROSS INCOME: Deductions (Taxes) ( ) ( ) Insurance: ( ) ( ) Union Dues: ( ) ( ) Other ( ) ( ) TAKE HOME INCOME: OTHER INCOME SOURCES: Child Support Alimony Rent/Contributions Government Assistance: Other:
5 AVERAGE MONTHLY EXPENSES Rent / 1st Mortgage Other Mortgage Utilities: Public Service Water / Sewer Telephone Cable TV/Internet or Bundle Trash Removal Other: Home Maintenance Food Clothing Laundry / Drycleaning Medical / Prescriptions / Co-pays Gasoline / Repairs Bus / Other Transportation Recreation / Clubs / Entertainment Insurance: Auto Homeowner s / Renters (if not included in mortgage payment) Health (not taken from wages) Life (not taken from wages) Other: Taxes: (not taken from wages) Property Taxes (if not included in mortgage payment) Auto Taxes Other: Installment Payments: Auto #1 Auto #2 Student Loan Non-filing Spouse s Expenses Alimony / Child Support Paid Monthly Charitable Contributions (Regular, Provable & Recent) Daycare / Babysitting School Expenses / Lunches Tuition Misc: (Haircuts, grooming, postage, etc.) Pet Care Rent-to Own Payments: Other:
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COHEN LAW OFFICES 1149 Municipal Drive 4076 Market Street PO Box 663 Franklin County Suite 209 Duncansville, PA 16635 Chambersburg, PA 17201 Camp Hill, PA 17011 Tel: (814) 693-0500 Tel: (717) 709-0500