Bankruptcy No. BK-S-00-10533 (AgriBioTech, Inc.), Jointly Administered With: No. BK-S-00-10534 (AgriBioTech Canada), No. BK-S-00-10535 (Las Vegas Fertilizer Co.), No. BK-S-00-10536 (Garden West Distributors, Inc.), No. BK-S-00-10537 (Geo W. Hill Co., Inc.)United States Bankruptcy Court, D. Nevada
March 1, 2001
Deborah D. Williamson, H. Joseph Acosta, COX SMITH INCORPORATED, San Antonio, Texas and Jeanette E. McPherson, KUMMER, KAEMPFER, BONNER RENSHAW, Las Vegas, NV, Counsel For The Unsecured Creditors’ Committee.
Brian D. Buckley, FOSTER PEPPER SHEFELMAN, PLLC, Seattle, Washington, COUNSEL FOR BRIAN WORDEN.
STIPULATION AND ORDER ON CLAIM NOS. 2249 2262 FILED BY BRIAN WORDEN
LINDA B. RIEGLE, United States Bankruptcy Judge
This Stipulation And Order On Claim Nos. 2249 2262 Filed By Brian Worden is entered into by and among the Unsecured Creditors’ Committee (the “Committee”) and Brian Worden (“Claimant”), with reference to the following recitals:
A. On January 25, 2000, the above-styled Debtors filed Voluntary Petitions for Relief under Chapter 11 of Title 11 of the United States Code, commencing the above-styled bankruptcy cases (“Bankruptcy Cases”);
B. The Debtors and Committee have filed their First Amended Joint Plan of Reorganization of AgriBio Tech, Inc., Las Vegas Fertilizer Co., Garden West Distributors and Geo W. Hill Co., Inc. (the “Joint Plan”). The Confirmation hearings on the Joint Plan are scheduled to commence on March 5, 2001.
C. Claimant filed Proof of Claim No. 2249 for a contingent/unliquidated amount. Claimant also filed proof of claim no. 2262, in the amount of $223,803.75 Claimant has now been fully paid by Debtors on Claim Nos. 2249 and 2262;
D. In light of the payment received by Claimant, Claimant no longer has a valid claim against Debtors. Claimant and the Committee have thus reached an agreement on the allowance and/or disallowance of the aforementioned claims;
STIPULATION NOW, THEREFORE, the Claimant and Committee stipulate and agree a follows:
1. The Claim Nos. 2249 and 2262 shall be disallowed and expunged in the Bankruptcy Cases;
2. Claimant no longer holds any claims in these Bankruptcy Cases, for any and all purposes.
ORDER IT IS HEREBY ORDERED that the foregoing Stipulation is approved in its entirety and that Claim Nos. 2249 and 2262 shall be disallowed in the Bankruptcy Cases and shall be expunged;
IT IS FURTHER ORDERED that Brian Worden no longer holds any claims in these Bankruptcy Cases, for any and all purposes.