Judge Novack's Order Re: Payment of Pre-Confirmation Adequate Protection Payments in Chapter 13 Cases

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Order Re: Payment of Pre-Confirmation Adequate Protection Payments in Chapter 13 Cases

UNITED STATES BANKRUPTCY COURT
for the
NORTHERN DISTRICT OF CALIFORNIA
San Jose Division

ORDER RE PRE-CONFIRMATION ADEQUATE PROTECTION PAYMENTS
IN CHAPTER 13 CASES

  1. This Order shall be effective in all chapter 13 cases filed on or after September 1, 2010.
  2. 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.
  3. 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.
  4. 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.

IT IS SO ORDERED.

Dated: September 1, 2010
 

ROGER L. EFREMSKY
United States Bankruptcy Judge

CHARLES NOVACK
United States Bankruptcy Judge