Sikwayi Yvonne Kayo

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 08-43774
Chapter 13
SIKWAYI YVONNE KAYO, 	R.S. No. SPB 20
Debtor.
___________________________/
MEMORANDUM OF DECISION
BMW Bank of North America (“Movant”) filed a motion for relief
from the automatic stay so that it might repossess a 2004 BMW vehicle
owned by Sikwayi Yvonne Kayo (“Debtor”). 	A hearing on the motion was
held on August 29, 2008 at 11:00 a.m. 	Debtor’s counsel appeared and
argued that Debtor was not in default post-petition because Movant’s
claim was included in her plan and no direct post-petition payments
were 	required. 	The 	Court 	took 	the 	matter 	under 	submission 	and 	its
decision follows.
Section 1326(a)(1) provides that “[u]nless the court orders
otherwise, the debtor shall commence making payments not later than
30 days after the date of the filing of the plan or the order for
relief, whichever is earlier, in the amount– ...(C) that provides
adequate protection directly to a creditor holding an allowed claim
secured by personal property to the extent the claim is
Signed: August 29, 2008
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
August 29, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-43774 Doc# 18 Filed: 08/29/08 Entered: 08/29/08 15:39:16 Page 1 of 3

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attributable to the purchase of such property by the debtor for
that portion of the obligation that becomes due after the order for
relief.” 	The debtor must also tender payments to the trustee in
the amount proposed by the plan, reduced by the amount paid
directly to creditors, and provide the trustee with evidence of
direct payments to creditors. 	11 U.S.C. § 1326(a)(1)(A)(C).
Because more than thirty days have passed since Debtor’s
petition was filed, Debtor must make post-petition payments
directly to Movant. 	The Court will condition continuation of the
automatic stay on Debtor paying all post-petition arrears to Movant
by September 3, 2008, and remaining current thereafter until
Debtor’s Chapter 13 plan is confirmed. 	If the Trustee is holding
plan payments in excess of the amounts required under this
provision, the Trustee is authorized to release the funds in
question directly to the Movant.
Movant is directed to submit the proposed form of order in
accordance with this decision.
END OF DOCUMENT
Case: 08-43774 Doc# 18 Filed: 08/29/08 Entered: 08/29/08 15:39:16 Page 2 of 3

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COURT SERVICE LIST
Darya Sara Druch
One Kaiser Plaza, Ste. 480
Oakland, CA 94612
Stephen P. Brunner
115 Sansome Street, Suite 1200
San Francisco, CA 94104
Case: 08-43774 Doc# 18 Filed: 08/29/08 Entered: 08/29/08 15:39:16 Page 3 of 3