MacArthur Heights Homeowners' Association

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 08-47156 	T
MACARTHUR HEIGHTS HOMEOWNERS’ 	Chapter 11
ASSOCIATION,
Debtor-in-Possession.
______________________________/
MEMORANDUM RE SECOND AMENDED PLAN AND DISCLOSURE STATEMENT
The Court has reviewed the Second Amended Plan and
Disclosure Statement and, if one amendment is made to the Second
Amended Plan, is prepared to conditionally approve the Second
Amended Disclosure Statement. 	The Second Amended Disclosure
Statement discloses that the settlement with the Class 4
Creditor, ACT, provides for payment of a total of $610,898.22,
$125,000 on the effective date of the plan and the balance paid
monthly over ten years with four percent interest. 	The Second
Amended Plan makes no mention of the $125,000 to be paid on the
effective date. 	The settlement agreement, which the Court
approved and a copy of which is attached to the Second Amended
Plan, provides for the $125,000 payment on the effective date.
Therefore, the Court presumes that the failure to mention this
payment in the Second Amended Plan is an oversight. 	If this
omission is corrected, the Court will sign the proposed form of
order that has been submitted.
END OF ORDER
Signed: February 01, 2010
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
February 01, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-47156 Doc# 122 Filed: 02/01/10 Entered: 02/01/10 14:26:34 Page 1 of
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COURT SERVICE LIST
Eric A. Nyberg
Kornfield, Nyberg, Bendes and Kuhner
1999 Harrison St. #2675
Oakland, CA 94612
Case: 08-47156 Doc# 122 Filed: 02/01/10 Entered: 02/01/10 14:26:34 Page 2 of
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