Case No. 02-13533-AJG, (Jointly Administered).United States Bankruptcy Court, S.D. New York.
May 30, 2003.
Jennifer B. Hildebrandt, Carl T. Anderson, Paul Hastings Janofsky Walker LLP, Los Angeles, CA, Attorneys for Claimant.
STIPULATION AND AGREED ORDER REGARDING GLOBAL EXCHANGE SERVICES, INC.’S REQUEST FOR LEAVE TO LATE FILE PROOFS OF CLAIM
ARTHUR J. GONZALEZ, United States Bankruptcy Judge
This Stipulation and Order (the “Stipulation”) is made as of this 28th day of April, 2003, by and between WorldCom, Inc. (“WorldCom”) and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively with WorldCom, the “Debtors” and individually a “Debtor”) and Global eXchange Services, Inc. (“Claimant”), by their respective undersigned counsel.
Pursuant to this Stipulation, the Debtors and Claimant hereby agree and stipulate as follows:
RECITALS
WHEREAS, on July 21, 2002 and continuing thereafter (the “CommencementDate”), the Debtors commenced cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). The Debtors continue to operate their businesses and manage their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. By order dated July 22, 2002 and subsequent orders, the Debtors’ chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered.
WHEREAS, by order dated October 29, 2002, the Court entered an order establishing January 23, 2003 as the deadline for the filing of a proof of claim against any of the Debtors.
WHEREAS, on January 29, 2003, Claimant filed a proof of claim against MCI WorldCom Communications Inc. in the amount of $274,827.94 plus fees and costs and other amounts to be determined (“Claimant’s PoC”). In connection therewith, Claimant contacted the Debtors alerting the Debtors to the late filing of the Claimant’s PoC and requesting an agreement to deem such claim timely filed.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, the parties hereto stipulate and agree as follows:
1. The Debtors and Claimant have agreed that no objection will be made to Claimant’s PoC on the basis that such claim was filed after the January 23, 2003 bar date; provided, however, that nothing in this Stipulation is intended to, nor shall it be construed to be, a waiver by any of the Debtors or any other parties in interest of any right to object to Claimant’s PoC or any other proofs of claim filed or to be filed by Claimant on any other grounds nor shall anything in this Stipulation be construed to constitute a waiver or modification of the protections afforded to the Debtors pursuant to section 362 of the Bankruptcy Code.
2. This Stipulation shall become effective and binding as of entry of this Stipulation on the docket as “so ordered” by the Court. In the event that this Stipulation is not approved by the Court, it shall be null and void and have no force or effect and the parties agree that, in such circumstances, this Stipulation shall be of no evidentiary value whatsoever in any proceedings.
IT IS SO ORDERED.