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

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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 PENDING BEFORE THE HONORABLE ROGER L. EFREMSKY
1. This Order shall be effective in all chapter 13 cases filed on or after April 1, 2009.
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)(1)(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)(1)(B) in effect at the time of disbursement of adequate protection payments.
IT IS SO ORDERED.
Dated March 18, 2009
	ROGER L. EFREMSKY United States Bankruptcy Judge

United States Bankruptcy Court