Case No. 399-02649, Jointly Administered, Adv. Pro. No. 301-0792A.United States Bankruptcy Court, M.D. Tennessee.
December 27, 2004
Paul G. Jennings, Esq., Phillip G. Young, Jr., Esq., Bass, Berry Sims PLC, Nashville, TN, and
George N. Panagakis, Esq., Patrick J. Nash, Jr., Esq., Skadden, Arps, Slate, Meagher Flom LLP, Chicago, IL, Attorneys for Service Merchandise Company, Inc.
John H. Rowland, Esq., Baker, Donelson, Bearman, Caldwell
Berkowitz, PC, Commerce Center, Nashville, TN, Attorneys for the Defendant.
AGREED ORDER OF SETTLEMENT AND DISMISSAL
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the agreement of the parties that this adversary proceeding has been resolved and should be dismissed, the Court FINDS, ADJUDGES AND DECREES:
A. Prior to March 14, 2001, the Plaintiffs, Service Merchandise Company, Inc. (“Service Merchandise”) and 31 of its affiliates (the “Affiliate Debtors”; collectively, with Service Merchandise, the “Plaintiffs”), initiated the above-captioned adversary proceeding by filing their Complaint to Avoid Preferential Transfers and to Recover Amount of Such Transfers
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(the “Complaint”) against the defendant, Hyperion Software Corp./The Fagan Company (the “Defendant”).
B. The Reorganized Debtors and the Defendant have reached a settlement and agreed resolution (the “Settlement”) of the subject matter of the Complaint and any and all factual and legal issues raised therein.
C. Pursuant to the Settlement, the Defendant has reduced their proof of claim no. 600, previously ordered by the Court, by $78,967 leaving an allowed general unsecured claim of $18,543.03.
D. In consideration of the Defendant’s reduction of proof of claim no. 600 as set forth herein, the Reorganized Debtors have agreed to dismiss the Complaint with prejudice, each party to bear its own costs.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. Defendant shall have an allowed Class 4 (General Unsecured) Claim in the amount of $18,543.03.
2. The Complaint shall be and hereby is dismissed, with prejudice, each party bearing its own costs.
3. The Court shall retain jurisdiction to hear any matters or disputes arising from or relating to the Agreed Order of Dismissal.
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