4:08-bk-41296•Quail Lake Estates Associates
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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. 08-41296 T Chapter 11 QUAIL LAKE ESTATES ASSOCIATES, L.P., etc., Debtor-in-Possession. _______________________________/ MEMORANDUM RE SECOND AMENDED PLAN The Court has reviewed the debtor’s Second Amended Plan and the Declaration of Thomas C. Dashiell, with attachments. The Court finds the Second Amended Plan (the “Plan”) legally adequate. The Declaration of Thomas C. Dashiell and attachments also appear to present adequate evidence of feasibility to justify reconvening the confirmation hearing. However, to confirm the Plan, the Court will require evidence to be presented at the hearing that IMC has received commitments from investors for the $1.2 million loan. Because the Plan proposes to treat general, unsecured creditors better than the First Amended Plan did, the Court concludes that votes need not be resolicited. If Bankfirst is satisfied with the Second Amended Plan, it should file a withdrawal of its objection to Signed: November 07, 2008 ________________________________________ LESLIE TCHAIKOVSKY U.S. Bankruptcy Judge ________________________________________ Entered on Docket November 07, 2008 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 08-41296 Doc# 105 Filed: 11/07/08 Entered: 11/07/08 13:46:26 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 confirmation promptly. However, assuming Bankfirst still objects to confirmation, the reconvened evidentiary hearing should be conducted without delay. The Court has asked its calendar clerk to contact the parties to schedule the reconvened hearing. END OF DOCUMENT Case: 08-41296 Doc# 105 Filed: 11/07/08 Entered: 11/07/08 13:46:26 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 James D. Wood Law Offices of James D. Wood 3675 Mt. Diablo Blvd. #250 Lafayette, CA 94549-3775 David M. Wiseblood Seyfarth Shaw LLP 560 Mission St., Ste. 3100 San Francisco, CA 94105-2930 Case: 08-41296 Doc# 105 Filed: 11/07/08 Entered: 11/07/08 13:46:26 Page 3 of 3
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