You are here

Rule 3023-1. Formula for Determining Value, as of the Effective Date of the Plan, for use in Chapters 9, 11, 12, and 13

Part III. Claims and Distribution to Creditors and Equity Interest Holders; Plans

            A debtor who proposes to pay an interest rate on a secured claim equal to the prime rate published in The Wall Street Journal on the last day before the confirmation hearing, stated as a simple interest rate per annum plus two percentage points is presumed to be paying the present value of the secured creditor’s claim for any confirmation purpose, and any creditor who objects to the presumed rate has the burden of proof by a preponderance of the evidence on the appropriate interest rate. A Chapter 13 plan must state the specific interest rate to be paid to a creditor.