Maria Souza and Gene Souza

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 06-41904 T
Chapter 11
MARIA SOUZA AND GENE SOUZA,
Debtor.
___________________________/
MEMORANDUM RE DEBTOR’S DISCLOSURE STATEMENT AND PLAN
The 	Court 	has 	reviewed 	the 	Debtors’ 	Disclosure 	Statement 	and
Plan, which was filed by Debtors on February 9, 2007. 	The Court is
willing to conditionally approve the disclosure statement and directs
the 	Debtors 	to 	submit 	a 	proposed 	form 	of 	order 	to 	that 	effect 	and
scheduling 	a 	combined 	hearing 	on 	final 	approval 	and 	confirmation
after 	conferring 	with 	the 	Court’s 	calendar 	clerk 	to 	determine 	the
date 	and 	time 	of 	the 	combined 	hearing. 	The 	proposed 	order 	should
also 	give 	notice 	of 	the 	deadlines 	for 	submitting 	votes 	on 	the 	plan
and/or objections to the disclosure statement or confirmation: i.e.,
one week before the hearing date.
Before mailing the Debtors’ Disclosure Statement and Plan, the
Debtors 	are 	directed 	to 	clarify 	the 	time 	frame 	for 	payment 	of 	the
claim of Valley Community Bank at the bottom of page 7. 	The current
Signed: February 14, 2007
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
February 15, 2007
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 06-41904 Doc# 89 Filed: 02/14/07 Entered: 02/15/07 12:36:45 Page 1 of 3

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language makes no sense. 	The Court also directs the Debtors to file
a confirmation memorandum at least one week before the hearing. 	The
memorandum should address the Debtors’ ability to confirm a plan that
proposes 	to 	cure 	a 	default 	on 	a 	lease 	claim 	after 	an 	unlawful
detainer 	judgment 	has 	been 	entered 	over 	a 	one 	year 	period 	from
confirmation. 	The 	memorandum 	should 	address 	both 	the 	effect 	of 	11
U.S.C. § 365 and 11 U.S.C. § 108(b).
END OF DOCUMENT
Case: 06-41904 Doc# 89 Filed: 02/14/07 Entered: 02/15/07 12:36:45 Page 2 of 3

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COURT SERVICE LIST
Craig K. Welch
Welch & Olrich, LLP
809 Petaluma Blvd. North
Petaluma, CA 94952
Ernie Zachary Park
Bewley, Lassleben and Miller
13215 E. Penn St., Ste. 510
Whittier, CA 90602
Daniel L. Egan
Wilke, Fleury, Hoffelt, Gould & Birney, LLP
400 Capitol Mall, 22 nd Floor
Sacramento, CA 95814
Case: 06-41904 Doc# 89 Filed: 02/14/07 Entered: 02/15/07 12:36:45 Page 3 of 3