§ 10-18-14 Contents and payments of plan.– (a) The plan, giving due regard to the reasonable requirements of the debtorand his or her dependents, shall provide for periodic payments by or on behalfof the debtor to the receiver by virtue of the wage assignment and court order,or otherwise; and the debtor may make additional payments to the receiver. Ifthe debtor is required by an order of a court of competent jurisdiction to paymoney for the support and maintenance of dependents, then, upon the filing withthe court of a certified copy of the order, the plan shall be modified to theextent required to comply with the order.
(b) In no case shall the plan provide for receipt by thedebtor from the receiver or otherwise of an amount less than the minimum amountof the income of the debtor that is exempt from garnishment under the laws ofthis state or federal law.
(c) Subject both to § 10-18-10(e) on minimum amounts tobe paid to certain secured creditors and to this section, the plan shallprovide for the receiver to pay, to the extent of funds received by him or her,a pro rata share of the balance to each creditor on the basis of the amount ofthe claim of each creditor; provided, however, that claims of ten dollars($10.00) or less may be paid in full.
(d) The plan shall provide that if the total amount availableto be distributed is less than two hundred fifty dollars ($250), the receivermay deposit the undistributed amount in a special trust account until the nextdistribution date that the total amount is two hundred fifty dollars ($250) ormore.
(e) Any money which is not called for by any creditor, or, ifsent to a creditor, is returned undelivered and which remains in the possessionof the receiver for more than six (6) months after these proceedings aredismissed, must be paid by the receiver to the other creditors in proportion totheir unpaid obligations under the plan on the date these proceedings weredismissed, provided that no creditor is paid in excess of the full amount ofhis or her claim as of the date payment is made. If no such creditors exist,then the money shall be paid to the debtor.
(f) The court may, upon application of the debtor, thereceiver, or any creditor, upon notice to all other parties, at any time ortimes during the pendency of these proceedings, increase or reduce the amountof the installment payments provided by the plan, or extend or shorten the timefor any payments, or otherwise alter the provisions of the plan, where it shallbe made to appear, after hearing, that the circumstances of the debtor sowarrant or require.
§ 10-18-14 Contents and payments of plan.– (a) The plan, giving due regard to the reasonable requirements of the debtorand his or her dependents, shall provide for periodic payments by or on behalfof the debtor to the receiver by virtue of the wage assignment and court order,or otherwise; and the debtor may make additional payments to the receiver. Ifthe debtor is required by an order of a court of competent jurisdiction to paymoney for the support and maintenance of dependents, then, upon the filing withthe court of a certified copy of the order, the plan shall be modified to theextent required to comply with the order.
(b) In no case shall the plan provide for receipt by thedebtor from the receiver or otherwise of an amount less than the minimum amountof the income of the debtor that is exempt from garnishment under the laws ofthis state or federal law.
(c) Subject both to § 10-18-10(e) on minimum amounts tobe paid to certain secured creditors and to this section, the plan shallprovide for the receiver to pay, to the extent of funds received by him or her,a pro rata share of the balance to each creditor on the basis of the amount ofthe claim of each creditor; provided, however, that claims of ten dollars($10.00) or less may be paid in full.
(d) The plan shall provide that if the total amount availableto be distributed is less than two hundred fifty dollars ($250), the receivermay deposit the undistributed amount in a special trust account until the nextdistribution date that the total amount is two hundred fifty dollars ($250) ormore.
(e) Any money which is not called for by any creditor, or, ifsent to a creditor, is returned undelivered and which remains in the possessionof the receiver for more than six (6) months after these proceedings aredismissed, must be paid by the receiver to the other creditors in proportion totheir unpaid obligations under the plan on the date these proceedings weredismissed, provided that no creditor is paid in excess of the full amount ofhis or her claim as of the date payment is made. If no such creditors exist,then the money shall be paid to the debtor.
(f) The court may, upon application of the debtor, thereceiver, or any creditor, upon notice to all other parties, at any time ortimes during the pendency of these proceedings, increase or reduce the amountof the installment payments provided by the plan, or extend or shorten the timefor any payments, or otherwise alter the provisions of the plan, where it shallbe made to appear, after hearing, that the circumstances of the debtor sowarrant or require.
§ 10-18-14 Contents and payments of plan.– (a) The plan, giving due regard to the reasonable requirements of the debtorand his or her dependents, shall provide for periodic payments by or on behalfof the debtor to the receiver by virtue of the wage assignment and court order,or otherwise; and the debtor may make additional payments to the receiver. Ifthe debtor is required by an order of a court of competent jurisdiction to paymoney for the support and maintenance of dependents, then, upon the filing withthe court of a certified copy of the order, the plan shall be modified to theextent required to comply with the order.
(b) In no case shall the plan provide for receipt by thedebtor from the receiver or otherwise of an amount less than the minimum amountof the income of the debtor that is exempt from garnishment under the laws ofthis state or federal law.
(c) Subject both to § 10-18-10(e) on minimum amounts tobe paid to certain secured creditors and to this section, the plan shallprovide for the receiver to pay, to the extent of funds received by him or her,a pro rata share of the balance to each creditor on the basis of the amount ofthe claim of each creditor; provided, however, that claims of ten dollars($10.00) or less may be paid in full.
(d) The plan shall provide that if the total amount availableto be distributed is less than two hundred fifty dollars ($250), the receivermay deposit the undistributed amount in a special trust account until the nextdistribution date that the total amount is two hundred fifty dollars ($250) ormore.
(e) Any money which is not called for by any creditor, or, ifsent to a creditor, is returned undelivered and which remains in the possessionof the receiver for more than six (6) months after these proceedings aredismissed, must be paid by the receiver to the other creditors in proportion totheir unpaid obligations under the plan on the date these proceedings weredismissed, provided that no creditor is paid in excess of the full amount ofhis or her claim as of the date payment is made. If no such creditors exist,then the money shall be paid to the debtor.
(f) The court may, upon application of the debtor, thereceiver, or any creditor, upon notice to all other parties, at any time ortimes during the pendency of these proceedings, increase or reduce the amountof the installment payments provided by the plan, or extend or shorten the timefor any payments, or otherwise alter the provisions of the plan, where it shallbe made to appear, after hearing, that the circumstances of the debtor sowarrant or require.
