Case No. 01-16034 (AJG), Jointly Administered.United States Bankruptcy Court, S.D. New York.
February 3, 2005
ORDER GRANTING IN PART THE DEBTORS’ 61ST OMNIBUS OBJECTION FILED IN AID OF CONSUMMATION OF JOINT PLAN TO PROOFS OF CLAIM FILED AS SECURED CLAIMS (CLAIMS ASSERTING FIRST PURCHASER LIENS UNDER STATE LAW) AS TO THE CLAIMS APPEARING ON EXHIBIT A HERETO
ARTHUR GONZALEZ, Bankruptcy Judge
Upon consideration of the Debtors’ Sixty-First Omnibus Objection Filed in Aid of Consummation of Joint Plan to Proofs of Claim Filed as Secured Claims (Claims Asserting First Purchaser Liens Under State Law), dated November 16, 2004 (the “Objection”), seeking entry of an order sustaining the relief requested therein with respect to the claims identified therein (the “First Purchaser Lien Claims”) pursuant to sections 502(a) and 506(a) of title 11 of the United States Bankruptcy Code (the “Bankruptcy Code”); and no response having been filed in support of the First Purchaser Lien Claims appearing on ExhibitA hereto; and it thus appearing that the relief granted herein is in the Debtors’ best interests with respect to such claims appearing on Exhibit A; and pursuant to Rule 3007 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), good and sufficient notice having been provided to the Office of the United States Trustee for the Southern District of New York, the persons or entities that filed the First Purchaser Lien Claims or their attorneys (if known), and any other
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parties on the Debtors’ Master Service List; and it appearing that no other or further notice need be provided; and the Court having reviewed the Objection, and having heard the statements of counsel in support of the relief requested therein at a hearing before the Court (the “Hearing”); and the Court having determined that the legal and factual bases set forth in the Objection and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefore, it is therefore:
ORDERED that pursuant to sections 502(a) and 506(a) of the Bankruptcy Code, each of the First Purchaser Lien Claims identified on Exhibit A hereto shall be and hereby is recharacterized as a general unsecured claim, subject to further review and objection by the Debtors.
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