IN THE MATTER OF: THERMADYNE HOLDINGS CORPORATION, et al., In Proceedings Under Chapter 11, Debtors.
Case No. 01-52840-399e.United States Bankruptcy Court, E.D. Missouri, Eastern Division.
July 9, 2003
ORDER SUSTAINING DEBTORS’ OBJECTION TO CLAIMS NO. 11 (MULTIPLE OBJECTIONS)
BARRY SCHERMER, Bankruptcy Judge
At St. Louis, in this District, this matter having come before the Court on the Debtors’ Objection to Claims No. 11(Multiple Objections) (the “Objection”) filed by Bryan Cave LLP (“Bryan Cave”), due and adequate notice of the Objection and the hearing thereon having been given, the Court having considered the requested relief and the statements of counsel and all other parties-in-interest, there being no objections to the relief requested in the Objection and the Court being fully advised in the premises and for good cause shown;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The Debtors’ Objection is hereby sustained. The claims referenced in the Objection are hereby allowed against the Debtor in the amount and classification as set forth in the “Objection Remarks” column of Exhibit A hereto.
2. With consent of the parties, the hearing on the claims of Prestolite Electric Incorporated (Claim Nos. 2158, 2159) is hereby continued until July 29, 2003 at 10:00 a.m.
3. The Debtors’ objection to the Claim of PPG Industries, Inc., Claim No. 1328, is withdrawn.
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4. No later than five business days after the date of this order, the Debtors are directed to serve a copy of this order on all parties listed below and is directed to file a certificate of service no later than two business days after service.
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THERMADYNE HOLDINGS CORPORATION, et al. Claims Processing
CLAIMANT NAME CLAIM CLAIM DATE CASE NO. CLAIM AMOUNT OBJECTION REMARKS
NUMBER
AFCO CREDIT CORPORATION
PO BOX 8440 CLAIM NOT DUE AND OWING
KANSAS CITY, MO 64114-0440 528 2/25/2002 01-52840 176,812.84 S
PRE-PETITION UNSECURED
AMETEK, US GAUGE DIVISION AMOUNT OWED BY DEBTOR IS
450 POLK STREET 258,186 AND CLAIM SHOULD BE
BARTOW, FL 33830 2243 4/19/2002 01-52858 1,741,709.13 U REDUCED TO THAT AMOUNT
PRE-PETITION UNSECURED
AMOUNT OWED BY DEBTOR IS
AVNET ELECTRONICS MARKETING 65,730.04 AND CLAIM SHOULD
3030 SALT CREEK LANE, #120 BE REDUCED TO THAT
ARLINGTON HEIGHTS, IL 60005 422 2/19/2002 01-52855 71,926.99 U AMOUNT
CLAIMANT HAS FAILED TO
BRUCE R. BARTLETT ATTACH ANY SUPPORTING
12131 DORSETT RD., SUITE 129 DOCUMENTS AND HAS FAILED
ST. LOUIS, MO 63043 1697 4/16/2002 01-52848 100,000 U TO STATE A CLAIM
CLAIMANT HAS FAILED TO
CHARLES WADE ATTACH ANY SUPPORTING
920 E. 58TH ST. DOCUMENTS AND HAS FAILED
WICHITA, KS 67216 2162 4/18/2002 01-52856 20,000 P TO STATE A CLAIM
IBJ AUSTRALIA BANK LIMITED CLAIMANT IS SUBJECT TO
LEVEL 21, COLONIAL CENTER SPECIFIC TREATMENT UNDER
52 MARTIN PLACE THE PLAN AND SHOULD NOT
SYDNEY NSW 2000 BE INCLUDED IN CLASS 3 —
AUSTRALIA 1085 3/20/2002 01-52853 4,572,963.33 S OTHER SECURED CLAIMS
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PRE-PETITION UNSECURED
IBM CREDIT CORPORATION AMOUNT OWED BY DEBTOR IS
BANKRUPTCY COORDINATOR 12,780.14 AND CLAIM SHOULD
13800 DIPLOMAT BE REDUCED TO THAT
FARMERS BRANCH, TX 75234 2381 6/24/2002 01-52840 758,563.63 U AMOUNT
MCI WORLDCOM PRE-PETITION UNSECURED
ATTN: MARCIA HUETTER AMOUNT OWED BY DEBTOR IS
DEPARTMENT 9517-158 23,273.72 AND CLAIM SHOULD
6415 BUSINESS CENTER DRIVE BE REDUCED TO THAT
HIGHLANDS RANCH, CO 80126 2369 6/3/2002 01-52840 98,802.69 U AMOUNT
MV LIMITED ONE LLC
C/O MILLER-VALENTINE GROUP
PO BOX 744
DAYTON, OH 45401-0744 1475 4/10/2002 01-52854 3,674.54 U CLAIM NOT DUE AND OWING
PAUL S. MCCCAUSLAND
(MARSHA POWERS) SUMMARY JUDGMENT
YOUNG, BOGLE, MCCAUSLAND, ENTERED AGAINST CLAIMANT
WELLS BLANCHARD PA IN CIVIL CASE AND NOT
106 WEST DOUGLAS, SUITE 923 AMOUNT DUE AND OWING BY
WICHITA, KS 67202 731 3/1/2002 01-52856 404,847.60 U THE DEBTOR
CLAIM NOT ENTITLED TO
SOUTHERN FOODS PRIORITY PAYMENT AND
PO BOX 1657 SHOULD BE ALLOWED AS A
BOWLING GREEN, KY 42102-1657 2203 4/18/2002 01-52847 73.00 P GENERAL UNSECURED CLAIM
STEVEN SPINALE CLAIMANT HAS FAILED TO
C/O JOSEPH SPINALE ATTACH ANY SUPPORTING
10 HIGH ST., SUITE 1 DOCUMENTS AND HAS FAILED
MEDFORD, MA 02155 2105 4/17/2002 01-52858 500,000 U TO STATE A CLAIM
STEPHEN F. REARDON CLAIMANT HAS FAILED TO
LAW OFFICE OF PHILLIP F. BONCORE ATTACH ANY SUPPORTING
1140 SARATOGA STREET DOCUMENTS AND HAS FAILED
EAST BOSTON, MA 02128 1035 3/18/2002 01-52858 100,000 U TO STATE A CLAIM
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PRE-PETITION UNSECURED
UNITED PARCEL SERVICE AMOUNT OWED BY DEBTOR IS
C/O DB/RMS BANKRUPTCY SERVICES $11,422.75 AND CLAIM SHOULD
PO BOX 5126 BE REDUCED TO THAT
TIMONIUM, MD 21094 1568 4/15/2002 01-52858 20,133.49 U AMOUNT
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