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RULE 3023-1. FORMULA FOR DETERMINING VALUE, AS OF THE EFFECTIVE DATE OF THE PLAN, FOR USE IN CHAPTERS 9, 11, 12, AND 13

Chapter: 
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

             Whenever the Court is required to determine the value, as of the effective date of a plan, of property to be distributed under a plan for any confirmation purposes, there is a presumption that the appropriate interest rate to be paid to the creditor secured by the property shall equal the national average of the prime rate as published in The Wall Street Journal on the last day prior to the confirmation hearing, stated as a simple interest rate per annum, plus two percentage points.  The formula approach has been approved by the United States Supreme Court in Till v. SCS Credit Corp., 124 S. Ct. 1951, 158 L. Ed. 2d 787 (2004).  If the creditor desires a different interest rate, it must specifically object to confirmation based upon inadequacy of the interest rate and shall have the burden of proof by a preponderance of the evidence on the appropriate rate of interest, which issue shall be considered at the confirmation hearing.  Consistent with the plan in Appendix "D," a Chapter 13 plan shall contain the specific interest rate proposed to be paid to a creditor.