Quail Lake Estates Associates

4:08-bk-41296CanbNov 7, 2008

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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
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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
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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
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