Judge Efremsky's Order Re: Payment of Attorney's Fees In Chapter 13 Cases

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UNITED STATES BANKRUPTCY COURT for the NORTHERN DISTRICT OF CALIFORNIA San Jose Division
ORDER RE PAYMENT OF ATTORNEY'S FEES 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. For attorney's fees sought under the Court's Guidelines for Payment of Attorney's Fees in Chapter 13 Cases (the "No-Look Fees"), the trustee shall not make disbursements from plan payments until entry of orders confirming a plan and approving the No-Look Fees.
3. For attorney's fees sought under any provision other than the No-Look Fees, the trustee may make disbursements for payment ofattorney's fees from plan payments prior to entry of an order confirming a plan only after entry of an order approving a fee application.
4. The trustee shall make disbursements under this Order according to her normal monthly disbursement cycle and only to the extent there are funds on hand after making disbursements for adequate protection payments under 11 U.S.C. § 1325(a)(5)(B)(iii)(II) and/or § 1326(a).
5. 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 attorney's fees and adequate protection payments.
IT IS SO ORDERED.
Dated March 18, 2009
	ROGER L. EFREMSKY United States Bankruptcy Judge

United States Bankruptcy Court