Pre-Confirmation Adequate Protection Payments in a Chapter 13 Case.
U.S. Bankruptcy Court for the District of New Mexico
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(a) Trustee to Function as Conduit. Adequate protection payments pursuant to Code § 1326(a)(1)(C) are deemed a component of the plan payments to the trustee. The trustee will function as a conduit to a creditor for any adequate protection payments set forth in the plan. (c) Payments by the Trustee.
If provided in a proposed chapter 13 plan, the trustee may disburse pre-confirmation payments under Code § 1326(a)(1)(C) without a separate court order. The payments may be made monthly from available funds until entry of a confirmation order. Unless the court orders otherwise, the payment amounts will be calculated as set forth in the proposed chapter 13 plan. The trustee will be paid the applicable percentage fee established by the United States trustee for all such payments. - 9 - PART IV.