Case No. 02-13533 (AJG) (Jointly Administered).United States Bankruptcy Court, S.D. New York.
October 26, 2004
STINSON MORRISON HECKER LLP, Mark A. Shaiken, Esq., Mark S. Carder, Esq., Stewart M. Stein, Esq., Attorneys for Debtors and Debtors in Possession.
ORDER ADJOURNING, IN PART, DEBTORS’ TWENTY FIFTH OMNIBUS OBJECTION TO PROOFS OF CLAIM (REAL ESTATE LEASE CLAIMS)
ARTHUR GONZALEZ, Bankruptcy Judge
Upon consideration of the Debtors’ Twenty Fifth Omnibus Objection to Proofs of Claim (Real Estate Lease Claims) filed by WorldCom, Inc. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the “Debtors”), dated August 27, 2004, seeking the expungement and disallowance of all proofs of claim listed on the Exhibit to the Twenty Fifth Omnibus Objection; and it appearing that the proofs of claims identified on Exhibit A attached hereto and incorporated herein should be expunged and disallowed in their entirety, as the claimants failed to file any response on or before the objection deadline of October 21, 2004 and further appearing that it is in the best interest of the Debtors, their estates and their creditors; and good and sufficient notice having been given in accordance with the Claim Objection Procedures Order;[1] and it appearing that pursuant to settlement agreements the claimants identified on Exhibit B,
have entered into stipulations resolving the claim objection(s) with the Debtors under the terms set forth below; and it appearing that the Debtors have adjourned to December 7, 2004, their objections to the proofs of claim identified on ExhibitC, without prejudice; and it appearing that the Debtors have withdrawn their objection to the claims identified on ExhibitD; and it appearing that and after due consideration and sufficient cause appearing therefore, it is
ORDERED that the proofs of claim identified on Exhibit A are hereby expunged and such claims are hereby disallowed in their entirety due to the claimant’s failure to respond to the Debtors’ Twenty Fifth Omnibus Objection as set forth in the notice of the Objection provided to such claimant; and it is further
ORDERED that the Debtors have settled and resolved the proofs of claims identified on Exhibit B (the “Settled Claims”) pursuant to the following terms:
Pursuant to the Letter Agreement dated August 24, 2004, between Zion Securities Corporation and the Debtors (the “Agreement”), claim number 15503 will be allowed as a Class 4 General Unsecured Claim in the amount of $3,001.00 and shall be paid in accordance with the terms set forth in the Debtors’ Modified Second Amended Joint Plan of Reorganization, confirmed by the United States Bankruptcy Court for the Southern District of New York on October 31, 2003 (the “Confirmed Plan”); and it is further
ORDERED that the proofs of claim identified on Exhibit C are hereby adjourned to December 7, 2004 docket, and that the Debtors have expressly reserved their right to object to the continued claims on Exhibit C; and it is further
ORDERED that the objections to proofs of claim identified onExhibit D are hereby withdrawn with prejudice; and it is further
ORDERED that, to the extent the Objection, as filed, objects to any proofs of claims not addressed by this Order (the “Remaining Disputed Proofs of Claim”), then the Debtors reserve their rights to further prosecute their objections against the Remaining Disputed Proofs of Claim and nothing herein shall limit, restrict, or otherwise affect the Debtors’ right to do so.
IT IS SO ORDERED.
[EDITORS’ NOTE: EXHIBIT A IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT B IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT C IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT D IS ELECTRONICALLY NON-TRANSFERRABLE.]