Case No. 02-41729 (REG) Jointly Administered.United States Bankruptcy Court, S.D. New York.
July 22, 2004
Shelley C. Chapman, New York, New York, Counsel to the Debtor.
Steven L. Rosenberg, Virginia State, County Attorney, County Government Center, Verona, Virginia, Counsel to Augusta County, Virginia.
STIPULATION AND ORDER PERMITTING AUGUSTA COUNTY, VIRGINIA TO FILE PROOF OF CLAIM FOR PREPETITION TAXES AGAINST UCA, LLC
ROBERT GERBER, Bankruptcy Judge
This Stipulation and Order is entered into by and between UCA, LLC, one of the debtors and debtors in possession in the above-captioned cases (the “Debtor”), and the County of Augusta, Virginia (the “Claimant”).
WHEREAS, on June 25, 2002 (the “Petition Date”), the Debtor filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). The Debtor is operating its businesses and managing its property as a debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code; and
WHEREAS, by order dated October 24, 2003, this Court established January 9, 2004 as the deadline for filing proofs of claim against the Debtor; and
WHEREAS, the Claimant assessed business personal property taxes against the Debtor for tax year 2002 in the amount of $8,120.98; and
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WHEREAS, the Debtor paid a prorated portion of such business personal property taxes, in the amount of $4,231.03, on November 18, 2002, which is attributable to the period between the Petition Date and December 31, 2002; and
WHEREAS, the Claimant has asserted that the balance of such business personal property taxes, in the amount of $3,889.95, plus penalty and interest, is an administrative claim; and
WHEREAS, the Debtor maintains that to the extent such claim is valid, the outstanding balance of such business personal property taxes is a prepetition claim for taxes (the “Asserted Claim”); and
WHEREAS, the Debtor and the Claimant have agreed to resolve this matter by allowing the Claimant to file a proof of claim for the Asserted Claim (the “Proof of Claim”).
IT IS THEREFORE, STIPULATED, CONSENTED AND AGREED TO by and among the Claimant and the Debtor as follows:
1. The Claimant may file a Proof of Claim for the Claim in the chapter 11 case of the Debtor.
2. The Debtor waives its right to assert that the Proof of Claim was not filed timely.
3. Except as explicitly set forth herein, the Debtor expressly reserves all procedural and substantive rights to dispute the validity and priority of the Claim and defenses thereto, except with respect to the timeliness of the Proof of Claim. This Stipulation addresses only the timeliness of the Proof of Claim.
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4. This Court shall retain jurisdiction over the Debtor and the Claimant to hear and resolve all matters and disputes relating to the Proof of Claim, the Claim, this Stipulation and Order and the enforcement of its terms.
5. The Debtor and the Claimant expressly reserve all other rights with respect to the 2002 business personal property taxes as may exist under applicable law.
SO ORDERED.