Michelle Patrice Sidrian

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 08-42959 T
Chapter 11
MICHELLE PATRICE SIDRIAN,
Debtor-in-Possession.
_______________________________/
MEMORANDUM RE CONFIRMATION HEARING
The 	Court 	has 	reviewed 	the 	Third 	Amended 	Plan 	and 	the 	various
documents 	filed 	in 	support 	of 	confirmation 	in 	preparation 	for 	the
hearing 	on 	November 	2, 	2009 	at 	2:00 	p.m. 	The 	Court 	issues 	this
Memorandum to alert the debtor to some errors in the plan that will
need to be corrected and to the remaining issues that will need to be
addressed at the confirmation hearing.
The 	first 	error 	is 	that 	the 	plan 	proposes 	to 	pay 	the 	priority
tax 	claims 	within 	six 	years 	of 	their 	assessment 	date. 	This
requirement was changed by BAPCPA. 	The appropriate time frame is now
five years from the petition date. 	The second and third errors are
that Claim Nos. 10 and 22 are indicated to be impaired. 	However, the
description 	of 	their 	proposed 	treatment 	does 	not 	appear 	to 	impair
them.
Signed: October 29, 2009
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
October 29, 2009
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-42959 Doc# 237 Filed: 10/29/09 Entered: 10/29/09 17:17:30 Page 1 of
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The 	debtor 	must 	provide 	evidence 	of 	feasibility 	as 	to 	the
payments the plan requires her to make during the life of the plan.
In addition, because one unsecured creditor voted against the plan,
the debtor must provide evidence that the plan will pay that creditor
at 	least 	as 	much 	as 	it 	would 	receive 	in 	a 	chapter 	7 	liquidation.
Because no creditor has filed an objection to confirmation, the Court
will permit the debtor to do this by making an offer of proof, unless
a party in interest attends the hearing and wishes to cross-examine
the debtor.
END OF DOCUMENT
Case: 08-42959 Doc# 237 Filed: 10/29/09 Entered: 10/29/09 17:17:30 Page 2 of
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COURT SERVICE LIST
Michelle Patrice Sidrian
3341 Oakley Rd.
Antioch, CA 94509
Mark A. McLaughlin
Law Offices of McLaughlin and Wildman
3012 Lone Tree Way #300
Antioch, CA 94509
Case: 08-42959 Doc# 237 Filed: 10/29/09 Entered: 10/29/09 17:17:30 Page 3 of
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