Case No.: 04-37512 (JS).United States Bankruptcy Court, D. Maryland, (Baltimore Division).
May 11, 2007
Stephen F. Fruin, Bar No. 08456 Stephen B. Gerald, Bar No. 26590 Whiteford, Taylor Preston L.L.P., Baltimore, Maryland, Counsel for the Litigation Trustee.
John T. Husk, Esquire, Seaton Husk, LP, Vienna Virginia, Counsel for Quick Delivery Service.
STIPULATION AND CONSENT ORDER REGARDING PROOF OF CLAIM OF QUICK DELIVERY SERVICE AND LITIGATION TRUSTEE’S OBJECTION THERETO (Claim No. 135)
JAMES SCHNEIDER, Bankruptcy Judge
Martin T. Fletcher, the Litigation Trustee for the bankruptcy estate of Air Cargo, Inc. (the “Litigation Trustee”) and Quick Delivery Service (“Quick”), by their respective counsel, hereby stipulate as follows:
WHEREAS, 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.
WHEREAS, 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”).
WHEREAS, on May 26, 2006 (the “Effective Date”), the Joint Plan became effective.
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WHEREAS, 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.
WHEREAS, on March 24, 2005, Quick filed proof of claim no. 135 (“Claim No. 135”), a general unsecured non-priority claim in the total amount of $49,858.07.
WHEREAS, on January 23, 2006, the Litigation Trustee filed his First Omnibus Objection to Allowance of Certain Claims (the “Objection”). The Objection objected to, among other claims, Claim No. 135, requesting that it be reduced to a general unsecured non-priority claim in the total amount of $32,343.80.
WHEREAS, the Litigation Trustee and Quick agree that Claim No. 135 should be reduced and allowed as a general unsecured non-priority claim in the total amount of $32,343.80.
NOW, THEREFORE, it is, by the United States Bankruptcy Court for the District of Maryland
ORDERED, that Claim No. 135 is hereby reduced and allowed as a general unsecured non-priority claim in the total amount of $32,343.80.
SO ORDERED