Rules & Procedures
Order Establishing SF Division Procedures for Chapter 13 Pre-Confirmation Adequate Protection Payments (Effiective 1/5/2006)
Last updated: 01/05/2006
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION PROCEDURES FOR
CHAPTER 13 PRE-CONFIRMATION ADEQUATE
Unless the Court orders otherwise,
a. The provisions of Paragraph 2 of the Chapter 13 Model Plan for this division, entitled Pre-Confirmation Adequate Protection Payments, shall apply prior to confirmation in Chapter 13 cases filed on or after October 17, 2005.
b. The Debtor shall not reduce plan payments to the Trustee under §I326 (a)(l)(B)&(C) without entry of an order of the Court. A Creditor may file a motion requesting a change in the amount of the pre-confirmation payments. Until the Creditor's motion is resolved, the Chapter 13 Trustee shall continue to make the payments proposed to such creditor as set forth in the plan.
c. The Chapter 13 Trustee is authorized to pay pre-confirmation payments set forth in the proposed plan without entry of an Order by the Court. No payments shall be made to a Creditor until the proof of claim is filed. The Chapter 13 Trustee is authorized to deduct from an allowed claim, as of the date of each payment, the pre-confirmation payment paid to the Creditor.
d. Prior to confirmation, the Creditor shall receive from the Trustee any payments due and owing upon dismissal of the case, from funds collected by the Trustee, less statutory Trustee fees and Debtor's attorney fees.