Judge Johnson, Judge Hammond, and Judge Blumenstiel's Order of Distribution of Funds in Chapter 13 Cases
UNITED STATES BANKRUPTCY COURT
for the
NORTHERN DISTRICT OF CALIFORNIA
San Jose Division
ORDER OF DISTRIBUTION OF FUNDS IN CHAPTER 13 CASES FILED PRIOR TO FEBRUARY 1, 2016
The Chapter 13 Trustee shall distribute funds to creditors and others in the following order:
1. First, allowed attorney's fees, whether sought under the Court's Guidelines for Payment of Attorney's Fees in Chapter 13 Cases for the San Jose Division (including any additional fees), or by a separately noticed fee application, less any amount received pre-filing as a retainer.
2. Concurrent with the payment of attorney's fees, payments will be made to creditors specified in the plan to receive adequate protection payments ("Adequate Protection Creditors"). Adequate Protection Creditors shall receive no less than the amount specified in the plan as adequate protection.
3. Once attorney's fees are fully paid, Adequate Protection Creditors will receive, on a pro rata basis, payments based on the allowed amount of their secured claims.
4. Then other secured creditors will be paid on a pro rata basis, based on the allowed amount of their secured claims.
5. Then to priority unsecured creditors, in the order prescribed by the Bankruptcy Code.
6. Then to unsecured non-priority creditors.
Approved.
May 9, 2023
__/S/ Stephen L. Johnson
STEPHEN L. JOHNSON
United States Bankruptcy Judge
__/S/ M. Elaine Hammond_
M. ELAINE HAMMOND
United States Bankruptcy Judge
__/S/ Hannah L. Blumenstiel__
HANNAH L. BLUMENSTIEL
United States Bankruptcy Judge
