Judge Novack & Judge Johnson's Order Re 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. If a proposed Chapter 13 plan provides a specific amount to be paid on a periodic basis as adequate protection pursuant to 11U.S.C.§ 1326(a)(1)(C), the trustee shall make disbursements on any such payment from plan payments prior to confirmation.
2. 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.
3. The trustee is entitled to collect the percentage fee established by 28 U.S.C. § 5 86( e)( 1 )(B) in effect at the time of disbursement of adequate protection payments.
  IT IS SO ORDERED.
Dated: 10-15-2010
  CHARLES NOVACK
United States Bankruptcy Judge
 
  STEPHEN L. JOHNSON
United States Bankruptcy Judge