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In re MacArthur Heights Homeowners' Association

United States Bankruptcy Court, Ninth Circuit
Feb 1, 2010
No. 08-47156 (B.A.P. 9th Cir. Feb. 1, 2010)

Opinion


In re: MacARTHUR HEIGHTS HOMEOWNERS' ASSOCIATION, Chapter 11, Debtor-in-Possession. No. 08-47156. United States Bankruptcy Court, N.D. California. February 1, 2010.

MEMORANDUM RE SECOND AMENDED PLAN AND DISCLOSURE STATEMENT

LESLIE TCHAIKOVSKY, Bankruptcy Judge

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.


Summaries of

In re MacArthur Heights Homeowners' Association

United States Bankruptcy Court, Ninth Circuit
Feb 1, 2010
No. 08-47156 (B.A.P. 9th Cir. Feb. 1, 2010)
Case details for

In re MacArthur Heights Homeowners' Association

Case Details

Full title:In re: MacARTHUR HEIGHTS HOMEOWNERS' ASSOCIATION, Chapter 11…

Court:United States Bankruptcy Court, Ninth Circuit

Date published: Feb 1, 2010

Citations

No. 08-47156 (B.A.P. 9th Cir. Feb. 1, 2010)