Case Nos. 03-11678 (ALG), 03-11679 (ALG), Jointly Administered.United States Bankruptcy Court, S.D. New York.
May 5, 2005
Ronald E. Barab (RB4876), Laura E. Woodson (LW5825), SMITH, GAMBRELL RUSSELL, LLP, Atlanta, GA, Attorneys for Debtors.
Richard S. Miller (RM-2428), Robert Honeywell (RH-7684), GREENBERG TRAURIG, LLP, New York, NY, Attorneys for the Creditors Representative.
STIPULATION AND ORDER EXTENDING DEADLINE FOR OBJECTION TO CLAIMS
ALLAN GROPPER, Bankruptcy Judge
WHEREAS, on November 24, 2004 (Docket No. 1095), this Court entered its order confirming the Debtors’ Third Modified and Restated Joint Plan of Reorganization, dated September 22, 2004 (the “Plan”),[1] and the Plan became effective as of December 10, 2004;
WHEREAS, the Plan provides in Section 6.1.1: “Unless another date is established by the Bankruptcy Court or in the case of any Claim or Claims such date is extended by the Bankruptcy Court, all objections to Claims shall be filed with the Bankruptcy Court and served on the Holders of such Claims by the later of: (a) ninety (90) days after the Effective Date and (b) 180 days after a particular proof of Claim has been filed”;
WHEREAS, the objection deadline set forth in Section 6.1.1(a) of the Plan was previously extended through and including April 9, 2005, pursuant to the Stipulation and Order entered by this Court on March 10, 2005 (Docket No. 1283);
WHEREAS, the objection deadline set forth in Section 6.1.1(a) of the Plan was
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further extended through and including May 9, 2005, pursuant to the Stipulation and Order entered by this Court on April 11, 2005 (Docket No. 1326);
WHEREAS, the Debtors and the Creditors Representative (as defined in the Plan) have agreed, and this Court finds, that the deadline for objecting to Claims as set forth in Section 6.1.1(a) of the Plan (the “Claim Objection Deadline”) should be extended for an additional thirty (30) days in order to permit the Debtors and the Creditors Representative to finalize their review of all Claims filed in these proceedings, prepare and file additional objections to Claims and, where possible, attempt to consensually resolve Claims, and that such extension is in the best interest of the Debtors, their estates and their creditors.
NOW, THEREFORE, in consideration of the foregoing, it is hereby stipulated and agreed among the Debtors and the Creditors Representative, and hereby ORDERED by this Court, that the Claim Objection Deadline set forth in Section 6.1.1(a) of the Plan is extended an additional thirty (30) days through and including June 8, 2005, and it is hereby further;
ORDERED, that the extension provided by this Order is without prejudice to the right of the Debtors or the Creditors Representative to seek further extensions of the Claim Objection Deadline pursuant to Section 6.1.1 of the Plan or other applicable law.
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