Case No.: 04-37512 (JS).United States Bankruptcy Court, D. Maryland, (Baltimore Division).
March 5, 2007
Stephen F. Fruin, Bar No. 08456, Stephen B. Gerald, Bar No. 26590, Whiteford, Taylor Preston L.L.P. Baltimore, MD, Counsel for the Litigation Trustee.
Saul Lieberman, Esquire, Riverside Claims, Assignee New York, NY, Counsel for Riverside Claims.
STIPULATION REGARDING PROOFS OF CLAIM OF ASSIGNED TO RIVERSIDE CLAIMS (Claim Nos. 3, 10, 64, 91, 173)
JAMES SCHNEIDER, Bankruptcy Judge
Martin T. Fletcher, the Litigation Trustee for the bankruptcy estate of Air Cargo, Inc. (the “Litigation Trustee”) and Riverside Claims (“Riverside”), assignee of the claims set forth below, by their respective counsel, hereby stipulate as follows:
1. On December 7, 2004, Air Cargo, Inc., the above-captioned debtor (the “Debtor”), filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code.
2. On May 11, 2006, the Court entered an Order (the “Confirmation Order”) approving the proposed Joint Disclosure Statement and confirming the Joint Plan of Liquidation (the “Joint Plan”).
3. On May 26, 2006 (the “Effective Date”), the Joint Plan became effective.
4. Pursuant to the Joint Plan, Martin T. Fletcher was appointed as the Litigation Trustee to liquidate all assets of the estate, including but not limited to prosecution of all claims of the estate and all claims contributed to the Litigation Trust pursuant to the Joint Plan.
5. On December 20, 2004, Montgomery Air Freight filed proof of claim no. 3 (“Claim No. 3”), which asserts a general unsecured nonpriority claim in the total amount of $20,454.62.
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6. On December 21, 2004, Newark Parcel Service filed proof of claim no. 10 (“Claim No. 10”), which asserts a general unsecured nonpriority claim in the total amount of $24,234.07.
7. On January 21, 2005, Any Time Service filed proof of claim no. 64 (“Claim No. 64”), which asserts a general unsecured nonpriority claim in the total amount of $25,009.56.
8. On February 22, 2005, Truck Air of the Carolinas filed proof of claim no. 91 (“Claim No. 91”), which asserts a general unsecured nonpriority claim in the total amount of $54,777.55.
9. On March 29, 2005, Longhorn Transport filed proof of claim no. 173 (“Claim No. 173”, together with Claim No. 3, Claim No. 10, Claim No. 64 and Claim No. 91, the “Claims”), which asserts a general unsecured nonpriority claim in the total amount of $49,171.62.
10. Riverside is the assignee of the Claims.
11. On January 23, 2006, the Litigation Trustee filed his First Omnibus Objection to Allowance of Certain Claims (the “Objection”). The Objection objected to, inter alia, the Claims.
12. Riverside’s deadline to file responses to the Objection is currently Monday, February 26, 2007.
13. The Litigation Trustee has agreed to extend Riverside’s deadline to file responses to the Objection in respect of the Claims through and including March 12, 2007.