IN RE CHAPTER 13 CASES

JOHN THOMAS, Bankruptcy Judge

IT IS HEREBY ORDERED that pursuant to 11 U.S.C. § 1326(a)(1)(B) (C), Chapter 13 debtors who file cases on or after October 17, 2005 shall make adequate protection payments as follows:

1. Adequate protection payments to lessors of personal property, as required under Section 1326(a)(1)(B), shall be made by the debtor directly to the lessor if the debtor's plan so provides, or if the plan does not provide for the payment of the lease. If the debtor's plan provides for the payment of the lease by the trustee, the debtor shall file a statement with the Court setting forth the amount of the adequate protection payment along with the name and address of the lessor. The statement of adequate protection shall be served on the trustee and on the lessor. The debtor shall make the adequate protection payment as part of the total payment to the trustee, whereupon the trustee shall pay the lessor.

2. Pre-confirmation adequate protection payments to a secured creditor, as required under Section 1326(a)(1)(C), shall be made by the debtor directly to the secured creditor if the debtor's plan so provides, or if the plan does not provide for the payment of the secured creditor. If the debtor's plan provides for the payment of the secured creditor by the trustee, the debtor shall file a statement with the Court setting forth the amount of the adequate protection payments along with the name and address of the secured creditor. The statement of adequate protection shall be served on the trustee and on the secured creditor. The debtor shall make the adequate protection payment as part of the total payment to the trustee, whereupon the trustee shall pay the secured creditor.

3. Unless the parties agree otherwise, adequate protection payments for personal property shall equal, at a minimum, the replacement value of the collateral as described in 11 U.S.C. § 506(a)(2), without interest, divided by the number of months in the plan.

4. The Chapter 13 trustee is authorized to deduct statutory compensation and expenses as set forth in 28 U.S.C. § 586(e) from the disbursement of adequate protection payments made by the trustee pursuant to this Order.