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UNITED STATES BANKRUPTCY COURT
for the
NORTHERN DISTRICT OF CALIFORNIA
San Jose Division |
ORDER RE PRE-CONFIRMATION ADEQUATE PROTECTION PAYMENTS
IN CHAPTER 13 CASES |
- This Order shall be effective in all chapter 13 cases filed on or after September 1,
2010.
- If a proposed plan provides a specific amount to be paid on a periodic basis as
adequate protection pursuant to 11 U.S.C.§ 1326(a)(I)(C), the trustee shall make disbursements on any such payment from plan payments prior to confirmation.
- Subject to the trustee's monthly disbursement cycle, the trustee shall commence
making disbursement on any such payments within 30 days after a party claiming a
right to an adequate protection payment files a proof of claim.
- The trustee is entitled to collect the percentage fee established by 28 U.S.C.
§ 586(e)(I)(B) in effect at the time of disbursement of adequate protection
payments.
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IT IS SO ORDERED.
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| Dated: September 1, 2010 |
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ROGER L. EFREMSKY
United States Bankruptcy Judge
CHARLES NOVACK
United States Bankruptcy Judge
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