Case No. 01-52840-399United States Bankruptcy Court, E.D. Missouri.
April 14, 2003
BRYAN CAVE L.L.P, By: Gregory d. Willard, Lloyd A. Palans, Jennifer A. Merlo, St.Louis, Missouri, for Debtors.
LEWIS, RICE FINGERSH, L.C., Larry E. Parres, Nathan E. Ross, for Repco Printers, Inc.
CONSENT ORDER ALLOWING PROOFS OF CLAIM FILED BY REPCO PRINTERS, INC. CONSENT ORDER ALLOWING PROOFS OF CLAIM FILED BY REPCO PRINTERS, INC.
BARRY SCHERMER, Bankruptcy Judge
COME NOW Thermadyne Holdings Corporation, et al. (collectively “Debtors”), on the one hand, and Repco Printers, Inc. (“Repco”) on the other hand, and consent to allowing the proofs of claim filed by Repco in the above-captioned action subject to the terms of this Consent Order (the “Order”), and stipulate and agree as follows:
1. On or about March 1, 2002, Repco filed the following proofs of claim in the referenced bankruptcy cases, which were consolidated into the above-captioned case:
(a) Unsecured Claim in the amount of $11,681.63 in the Thermadyne Industries, Inc. bankruptcy (Claim #727);
(b) Unsecured Claim in the amount of $35,306.77 in the Thermal Dynamics Corporation bankruptcy (Claim #723);
(c) Unsecured Claim in the amount of $6,999.54 in the Thermal Dynamics Corporation bankruptcy (Claim #722);
(d) Unsecured Claim in the amount of $ 136.42 in the Tweco Products, Inc. bankruptcy (Claim #720);
(e) Unsecured Claim in the amount of $14,571.33 in the Tweco Products, Inc. bankruptcy (Claim #721);
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(f) Unsecured Claim in the amount of $630.17 in the Thermal Arc, Inc. bankruptcy (Claim #724);
(g) Unsecured Claim in the amount of $3,479.70 in the Thermal Arc, Inc. bankruptcy (Claim #725);
(h) Unsecured Claim in the amount of $3,489.54 in the Victor Equipment Company bankruptcy (Claim #726); and
(i) Unsecured Claim in the amount of $145,245.66 in the Victor Equipment Company bankruptcy (Claim #728).
2. On or about December 27, 2002, Repco amended Claim #726 and filed an Amended Claim in the amount of $46,060.06, which represented checks that were returned by Debtors post-petition.
3. On or about February 18, 2003, Debtors filed an objection to Claim#726 and Claim #728 stating that they had no record of Claim #726 and its books and records only supported a claim in the amount of $138,488.84 on Claim #728.
4. As a result of the parties’ negotiations, Debtors and Repco hereby consent to allowing the following Proofs of Claim filed by Repco in the bankruptcy case:
(a) Unsecured Claim in the amount of $11,681.63 in the Thermadyne Industries, Inc. bankruptcy (Claim #727);
(b) Unsecured Claim in the amount of $35,306,77 in the Thermal Dynamics Corporation bankruptcy (Claim #723);
(c) Unsecured Claim in the amount of $6,999.54 in the Thermal Dynamics Corporation bankruptcy (Claim #722);
(d) Unsecured Claim in the amount of $ 136.42 in the Tweco Products, Inc. bankruptcy (Claim #720);
(e) Unsecured Claim in the amount of $14,571.33 in the Tweco Products, Inc. bankruptcy (Claim #721);
(f) Unsecured Claim in the amount of $630.17 in the Thermal Arc, Inc. bankruptcy (Claim #724);
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(g) Unsecured Claim in the amount of $3,479.70 in the Thermal Arc, Inc. bankruptcy (Claim #725);
(h) Unsecured Claim in the amount of $46,060.06, as amended in the Victor Equipment Company bankruptcy (Claim #726); and
(i) Unsecured Claim in the amount of $145,245.66 in the Victor Equipment Company bankruptcy (Claim #728).
CONSENT ORDER
The Court, considering the consent of the parties to the foregoing, enters this Order on the terms and conditions stated above.
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