Case No. 01-41593-293 #1829 10/27/03.United States Bankruptcy Court, E.D. Missouri, Eastern Division.
October 1, 2004
ORDER GRANTING PLAN ADMINISTRATOR’S OMNIBUS OBJECTION TO WAGE AND SEVERANCE CLAIMS
DAVID McDONALD, Chief Judge, Bankruptcy
This cause having come before the Court on the Plan Administrator’s Omnibus Objection To Wage and Severance Claims (the “Objection”), due and adequate notice of the Objection and the hearing thereon having been given to those parties entitled thereto, the Court having considered the requested relief and the statements of counsel and all other parties-in-interest, the Court being fully advised in the premises and for good cause shown, and a hearing having been held on these matters on October 27, 2003,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. Robert Sibley filed claim number 589, an unsecured non-priority claim in the amount of $200.00, on June 1, 2001. The Plan Administrator withdraws his objection to claim number 589. Claim No. 589 is therefore allowed as general unsecured, non-priority claim in the amount of $200.00.
2. Jo Freeman filed claim number 649, a priority claim in the amount of $125.00, on June 12, 2001. As the payment was made for services performed prior to the 90 days before the filing of the bankruptcy petition, the claim is not entitled to priority status. Claim No. 649 shall be allowed as a general unsecured non-priority claim in the amount of $125.00.
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3. Kimberly A. Denson filed Claim No. 1617, a claim in the amount of $97,000.00, on June 29, 2001. Claim No. 1619, in the same amount, was filed on July 3, 2001. Claim No. 1619 is disallowed as late filed and duplicative of Claim No. 1617. As noted by the Plan Administrator, the Claim is contingent upon claimant proving employment discrimination and wrongful termination in a civil proceeding. Given the fact that the proceeding in civil court has been terminated, and that claimant has provided insufficient documentation to support a prima facie case, Claim No. 1617 is disallowed.
4. This is a final Order under 28 U.S.C. §§ 157 and 158.
Done and Ordered.
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