Case No. 01-41593-293United States Bankruptcy Court, E.D. Missouri.
December 3, 2003
ORDER CONTINUING HEARING ON PLAN ADMINISTRATOR’S OBJECTION TO NYMEX’S CLAIM NO. 1024
DAVID McDONALD, Chief Judge, Bankruptcy
This matter coming before the Court on the joint motion (the”Motion”)[1] of Plan Administrator Scott P. Peltz and Defendant New York Mercantile Exchange for entry of an order continuing to February 23, 2004 the hearing to consider the Plan Administrator’s objections to proofs of claim filed by NYMEX; adequate notice having been given; the Court having been duly advised on the premises; and cause having been found to exist;
IT IS HEREBY ORDERED as follows:
1. The Plan Administrator’s objections to NYMEX’s Claim No. 1024 shall be continued to February 23, 2004 at 11:00 a.m.;
2. In accordance with the Court’s decision to grant the Plan Administrator’s Omnibus Objection to Claims Set Off by Preferential Transfers, NYMEX’s Claim Nos. 1023, 1024 and 1025 shall not be either allowed or disallowed until such time as the Preference Action is resolved by settlement or by an order of the Court; and
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3. The December 8, 2003 status hearing on the Plan Administrator’s objections to these Claims is stricken.
No later than five (5) business days after the date of this order, counsel for the Plan Administrator is directed to serve a copy of the Order Continuing Hearing on Plan Administrator’s Objection to NYMEX’s Claims to Nancy A. Peterman, Kevin D. Finger, Robert W. Lannan, Greenberg Traurig, P.C., 77 West Wacker Drive, Suite 2500, Chicago, Illinois 60601, and is directed to file a certificate of service no later than two (2) business days after service.
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