Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 24, 2004
AGREED ORDER RESOLVING PROOF OF CLAIM NO. 37613 WITH RESPECT TO KMART STORE NO. 3238
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the proof of claim no. 37613 (the “Proof of Claim”) filed by General Electric Capital Business Asset Funding Corporation (“GE”) with respect to the lease (the “Lease”) and the collateral assignment of such lease and rents thereunder (the “Collateral Assignment”) with respect to the property described as Store No. 3238 in Tulsa, OK (the “Store”); and Kmart Corporation (“Kmart”) having filed an objection to such proof of claim; and GE having filed a response to such objection; and the Court being advised that GE and Kmart have resolved the Proof of Claim with respect to the Store; and after due deliberation and sufficient cause appearing therefor:
IT IS HEREBY ORDERED that the Proof of Claim is hereby deemed withdrawn with respect to the Store only, and this order shall not affect the remainder of the Proof of Claim. Kmart shall be, and shall remain, obligated under the Lease and the Collateral Assignment for the obligations which, following confirmation of Kmart’s chapter 11 plan in this case, have arisen or may arise in the future; and
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IT IS FURTHER ORDERED that GE, its successors and/or assigns are forever barred from asserting, collecting, or seeking to collect the Proof of Claim with respect to the Store.
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