Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee, Nashville Division.
May 13, 2003
Paul G. Jennings, Beth A. Dunning, BASS, BERRY SIMS PLC Nashville, TN, and John Wm. Butler, Jr., George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM, Chicago, IL, Attorneys for Debtors and Debtors-in-Possession.
Margaret L. Behm, Dodson, Parker, Dinkins Behm, P.C., Nashville, TN, Attorney for the Claimant.
AGREED ORDER RESOLVING CONTESTED CLATM NO. 3752 FILED BY OWEN DORSEY
GEORGE C. PAINE, II, United States Bankruptcy Judge.
Upon the Omnibus Objection to certain claims (Docket No. 6929) (the “Objection”), filed by Service Merchandise Company, Inc. (“Service Merchandise”) and 31 at its affiliates (the “Affiliate Debtors”), debtors and debtors-in-possession in the above-captioned cases (Service Merchandise and the Affiliate Debtors collectively, the “Debtors”) and the response to the Objection (Docket No. 7121) (the “Response”), filed by Owen Dorsey (the “Claimant”); and the Debtors and the Claimant having agreed, as signified by the signatures of counsel below, to a resolution of the disputes related to Claim No. 3752 (the “Claim”) filed by the Claimant on the terms set forth in this Agreed Order; and the Court being otherwise sufficiently advised, it is hereby
ORDERED, ADJUDGED AND DECREED:
1. The Claim shall be and hereby is ALLOWED as a general prepetition non-priority unsecured claim in the amount of $549,750.00 against Service Merchandise Company, Inc. in Case No. 399-02649.
2. The Claim shall be and hereby is ALLOWED as a priority unsecured claim, pursuant to 11 U.S.C. § 507 (a)(4)(B)(i) in the amount of $4,650.00 against Service Merchandise Company, Inc. in Case No. 399-02649.
3. The allowed general prepetition non-priority unsecured claim in the amount of $549,750.00 and the allowed priority unsecured claim in the amount of $4,650.00 together constitute the “Allowed Amount.”
4. The Claim shall be and hereby is DISALLOWED to the extent it exceeds the Allowed Amount.
5. The automatic stay imposed by 11 U.S.C. § 362 (a) remains in effect with respect to any and all actions to collect or enforce the claim allowed in this Order and/or any other claims against the Debtors or against the assets of the Debtors or any affiliate or insider of the Debtors.
6. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise against the Debtors or their estates.