4:06-bk-40255•Cassandra LLC Central Park Restaurant
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 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 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 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 3
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