Lenore Marie Prischmann

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
LENORE PRISCHMANN, No. 07-10804
Debtor(s).
______________________________________/
Memorandum re Plan Confirmation
_________________
Debtor Lenore Prischmann is well known to the court, having filed four previous bankruptcy case in
the last eight years. She filed the Chapter 13 petition commencing this case on July 3, 2007. Her proposed
plan is now before the court. Objections have been filed by the Chapter 13 trustee as well as secured
creditors Thomas Reggiardo, West Coast Financial, Inc., and Heklena Galatola.
The plan is very simple. Prischmann proposes to pay $100.00 per month to the trustee. She
proposes to sell her house by January 31, 2008, and pay her creditors in full. In the meantime, her plan calls
for no payments to the three objecting creditors, all of whom object for that reason. They are all secured by
her residence at 328 Madrone Avenue, Larkspur, California, and accordingly protected from modification
pursuant to § 1322(b)(2) of the Bankruptcy Code.
The plan is fatally defective because it does not provide for any postpetition payments to the objecting
creditors. A plan which calls for no payments to mortgage holders until some future date is not confirmable
because it creates postpetition defaults. In re Proudfoot,144 B.R. 876, 878 (9th Cir.BAP 1992); In re
Gavia, 24 B.R. 573, 575 (9th Cir. BAP 1982).
Accordingly, confirmation will be denied. The trustee shall submit an appropriate form of order.
Dated: October 15, 2007
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
October 15, 2007
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 07-10804 Doc# 62 Filed: 10/15/07 Entered: 10/15/07 13:25:29 Page 1 of 1