Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois
November 5, 2003
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 7304
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by B.S. Mt. Vernon Limited Partnership, landlord under the lease (the “Lease”) of the property described as Store No. 7304, Mt. Vernon, IL (the “Landlord”); and Kmart Corporation (“Kmart”) having filed an objection to such cure claim; and the Court being advised that Landlord and Kmart have resolved the Cure Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Landlord shall have an allowed Cure Claim in the agreed amount of $9,468.34 of which landlord and Kmart agree that Kmart has already paid $9,468.34; and it is further
ORDERED that B.S. Mt. Vernon Limited Partnership (including its assignees, designees or successors in interest, if any) is forever barred from asserting collecting, or seeking to collect any cure amounts which were due and owing as of May 6, 2003 in addition to the Cure Claim with respect to the Lease relating to Kmart Store No. 7304.
ORDERED that Kmart (including its assignees, designees or successors in interest, if any) is forever barred from contesting, objecting to, or seeking any refund or credit for
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amounts due and owing as of May 6, 2003 or approved herein as Allowed Cure Claims with respect to the above Lease and Kmart Store.
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