§ 10-18-14. Contents and payments of plan.
(a) The plan, giving due regard to the reasonable requirements of the debtor and his or her dependents, shall provide for periodic payments by or on behalf of 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. If the debtor is required by an order of a court of competent jurisdiction to pay money for the support and maintenance of dependents, then, upon the filing with the court of a certified copy of the order, the plan shall be modified to the extent required to comply with the order.
(b) In no case shall the plan provide for receipt by the debtor from the receiver or otherwise of an amount less than the minimum amount of the income of the debtor that is exempt from garnishment under the laws of this state or federal law.
(c) Subject both to § 10-18-10(e) on minimum amounts to be paid to certain secured creditors and to this section, the plan shall provide 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 of the 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 available to be distributed is less than two hundred fifty dollars ($250), the receiver may deposit the undistributed amount in a special trust account until the next distribution date that the total amount is two hundred fifty dollars ($250) or more.
(e) Any money which is not called for by any creditor, or, if sent to a creditor, is returned undelivered and which remains in the possession of the receiver for more than six (6) months after these proceedings are dismissed, must be paid by the receiver to the other creditors in proportion to their unpaid obligations under the plan on the date these proceedings were dismissed, provided that no creditor is paid in excess of the full amount of his 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, the receiver, or any creditor, upon notice to all other parties, at any time or times during the pendency of these proceedings, increase or reduce the amount of the installment payments provided by the plan, or extend or shorten the time for any payments, or otherwise alter the provisions of the plan, where it shall be made to appear, after hearing, that the circumstances of the debtor so warrant or require.
History of Section.P.L. 1972, ch. 186, § 1.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-18 - Wage Earner Receivership
Section 10-18-1. - Short title.
Section 10-18-2. - Definitions.
Section 10-18-3. - Filing of petition.
Section 10-18-4. - Appointment of receiver and assignment.
Section 10-18-5. - Resignation and removal of receiver — Termination of receivership.
Section 10-18-6. - Compensation of receiver.
Section 10-18-7. - Effect of filing.
Section 10-18-8. - Filing of the accepted plan with the secretary of state and its effect.
Section 10-18-9. - Effect of approval of plan on prior unsecured creditors.
Section 10-18-10. - Effect of approval of plan on prior secured creditors.
Section 10-18-11. - Subsequent creditors.
Section 10-18-12. - Claims brought to judgment — Priority in case of default.
Section 10-18-13. - Establishment of plan.
Section 10-18-14. - Contents and payments of plan.
Section 10-18-15. - Dispute of claims during pendency of proceedings.
Section 10-18-16. - Termination of the plan.
Section 10-18-17. - Duration of proceedings.
Section 10-18-18. - Subpoenas — Costs.
Section 10-18-19. - Deferred obligations of debtor during pendency of receivership proceedings.