CASB — General Order 175

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/GO175.pdf

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

Filed May 3, 2010

In re ) BANKRUPTCY GENERAL ORDER CHAPTER 13 ADEQUATE PROTECTION) PAYMENTS PURSUANT TO THE ) NO. 175 BANKRUPTCY ABUSE PREVENTION ) AND CONSUMER PROTECTION ACT ) )

The Court, having considered the requirements of 11 U.S.C. §1326(a)(1)(B) and (C), orders

as follows in relation to all chapter 13 cases pending as of or filed after the effective date of this General Order:

1. The debtor must comply with 11 U.S.C. § 1326(a)(1)(B) & (C) by making payments
under 11 U.S.C. § 1326(a)(1)(A) (“Plan Payments”) to the chapter 13 trustee
pursuant to a chapter 13 plan.

2 Subject to paragraph 3 below and upon receipt of Plan Payments, the chapter 13
trustee will perform the debtor’s obligations under section 1326(a)(1)(B) & (C) by
promptly transmitting payments in amounts specified in a debtor’s chapter 13 plan
(“Adequate Protection Payments”) to the following creditors (“Adequate Protection
Creditors”):

(a) a lessor scheduled to be paid through the plan on account of monthly lease
obligations that become due after the order for relief as required by 11 U.S.C.
§ 1326(a)(1)(B); and
(b) a secured creditor on account of a claim secured by personal property where
such security interest is attributable to the purchase of such property as
required by 11 U.S.C. § 1326(a)(1)(C). It will be presumed that a secured
creditor listed in a personal property section of the plan with an installment is
entitled to Adequate Protection Payments in such amount unless the plan
states otherwise.

3. Notwithstanding paragraph 2 above and except as ordered in paragraph 7 below, the
chapter 13 trustee must hold Adequate Protection Payments until the relevant
Adequate Protection Creditor files a proof of claim.

4. The debtor cannot reduce the amount of the Adequate Protection Payments paid to
the chapter 13 trustee without an order of the Court.

5. The chapter 13 trustee may assess an administrative fee for effecting Adequate
Protection Payments and may collect such fee at the time of making the Adequate
Protection Payments. The allowed expense fee must be no more than the chapter 13
trustee’s then applicable percentage fee established by the designee of the Attorney
General pursuant to 28 U.S.C. § 586(e)(1)(B) as such statute is in effect at the time
of the disbursement.

6. If the case is dismissed or converted prior to confirmation of the chapter 13 plan, the
   chapter 13 trustee must disburse any amount tendered as Adequate Protection
   Payments to Adequate Protection Creditors with filed proofs of claim as soon as
   practicable.

   7. Notwithstanding paragraph 3 above, if dismissal or conversion occurs prior to the
   Fed. R. Bankr. P. 3002(c) bar date, the chapter 13 trustee must disburse Adequate
   Protection Payments to Adequate Protection Creditors as provided for in debtor’s
   chapter 13 plan even if a proof of claim has not been filed. In so doing, the chapter
   13 trustee is entitled to rely on this General Order and the chapter 13 plan and shall
   have no liability to a debtor or to any other party in connection with a payment made
   as provided herein.

   IT IS FURTHER ORDERED that the period of comment is from now until June 3, 2010. Absent further order of this Court the effective date of this order shall be June 10, 2010. Any comments should be submitted to the Clerk of the Court at 325 West “F” Street, San Diego, California 92101-6991. Please note on the envelope: “In re: 1326(a)(1) Payments.”

DATED: May 3, 2010

s/ Peter W. Bowie s/ Louise DeCarl Adler PETER W. BOWIE LOUISE DeCARL ADLER Chief Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

s/ Laura S. Taylor s/ Margaret M. Mann LAURA S. TAYLOR MARGARET M. MANN Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court