Cassandra LLC Central Park Restaurant

4:06-bk-40255CanbDec 27, 2006

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 06-40255 T
Chapter 11
CASSANDRA LLC, etc.,
Debtor.
___________________________/
MEMORANDUM RE PLAN AND DISCLOSURE STATEMENT
The 	Court 	has 	reviewed 	the 	above-captioned 	debtor’s 	proposed
plan and disclosure statement. 	The Court is willing to conditionally
approve 	the 	disclosure 	statement 	and 	schedule 	a 	hearing 	on 	final
approval and confirmation provided the following changes are made:
1. 	The plan states that the holders of general unsecured claims
will receive a pro rata payment of 5-10% on a quarterly basis. 	The
disclosure statement states that they will receive a pro rata share
of 	$5,000 	on 	a 	quarterly 	basis. 	The 	plan 	provision 	in 	ambiguous.
The 	Court 	assumes 	that 	the 	provision 	contained 	in 	the 	disclosure
statement is the correct one. 	If so, the plan should be corrected.
In addition, the disclosure statement states on page 6, line 19, that
payments will be made every 4 months. 	A quarterly distribution would
be made every 3 months.
Signed: December 27, 2006
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
December 27, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 06-40255 Doc# 105 Filed: 12/27/06 Entered: 12/27/06 15:57:54 Page 1 of
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2. 	The plan fails to specify whether interest will be paid on
the classified priority and secured claims and, if so, at what rate.
3. 	The plan incorrectly describes the equity class as impaired.
The 	class 	is 	unimpaired 	since 	the 	interests 	are 	being 	neither
cancelled nor diluted.
A new proposed order should be submitted promptly scheduling the
hearing for February 5, 2007 at 2:00 p.m. 	(The Court notes that on
the 	order 	previously 	submitted 	the 	word 	“and” 	has 	been 	omitted 	on
page 2, line 10.) 	January 29, 2007 is the deadline for acceptances
or 	rejections 	and 	objections. 	Service 	of 	the 	plan, 	disclosure
statement, order, and ballots must be made by January 3, 2007.
END OF DOCUMENT
Case: 06-40255 Doc# 105 Filed: 12/27/06 Entered: 12/27/06 15:57:54 Page 2 of
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COURT SERVICE LIST
Chris D. Kuhner
Kornfield, Paul & Nyberg, P.C.
1999 Harrison St., Ste. 2675
Oakland, CA 94612
Case: 06-40255 Doc# 105 Filed: 12/27/06 Entered: 12/27/06 15:57:54 Page 3 of
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