Judge Weissbrodt's Order re Payment of Pre-Confirmation Adequate Protection Payments Pursuant to 11 USC § 1326

UNITED STATES BANKRUPTCY COURT

for the

NORTHERN DISTRICT OF CALIFORNIA

San Jose Division

ORDER RE: PAYMENT OF PRE-CONFIRMATION ADEQUATE PROTECTION

PAYMENTS PURSUANT TO 11 U.S.C. § 1326

1. For all cases filed on or after October 17, 2005, adequate protection payments
required to be made by the debtor pursuant to 11 U.S.C.§1326(a)(l)(C) shall
be paid by the trustee from plan payments.

 

2. Adequate protection payments shall commence within 30 days after a proof of
claim is properly filed, subject to the trustee's monthly disbursement cycle.

 

3. In order for adequate protection payments to be disbursed by the trustee, the
proposed plan must specifically provide a monthly amount to be paid as adequate
protection.

4. Upon dismissal or conversion of the case prior to confirmation, and to the extent
there are funds on hand, the trustee shall pay adequate protection payments that
are owed as of the date of dismissal or conversion.

 

5. From the adequate protection payments so made, the trustee shall be entitled to
collect the percentage fee established by the Attorney General pursuant to 28
U.S.C. §586(e)(l)(B) in effect at the time of the disbursement.


IT IS SO ORDERED.

Dated: January 1, 2011


ARTHUR S.WEISSBRODT
United States Bankruptcy Judge