Case No. 04-08130-TOM-11, (Jointly Administered).United States Bankruptcy Court, N.D. Alabama, Southern Division.
May 13, 2005.
REVISED AGREED ORDER CONCERNING PROOFS OF CLAIM OF LIBERTY MUTUAL INSURANCE COMPANY AND HELMSMAN MANAGEMENT SERVICES, INC. AND RELATED MATTERS
TAMARA MITCHELL, Chief Judge, Bankruptcy
This matter came on to be heard on the “Stipulation Concerning Proofs of Claim of Liberty Mutual Insurance Company and Helmsman Management Services, Inc. and Related Matters” (the “Stipulation”). Due notice of the matters made the subject of the Stipulation were given to all parties in interest. The Court having reviewed the Stipulation and considering the positions of the parties, it is hereby ORDERED, ADJUDGED and DECREED as follows:
1. The Stipulation is approved in all respects.
2. Consistent with the Stipulation, Liberty Mutual’s Claim Nos. 2057 through 2060 and 2062 through 2066 are stricken as being subsumed and included in Liberty Mutual’s Claim No. 2061, which Claim No. 2061 is allowed against all Debtors. Liberty Mutual Claim No. 2061 is to be treated as an unclassified claim and shall be treated according to the Stipulation.
3. Liberty Mutual Claim Nos. 2068 through 2089, 2472, and 2721 are stricken as being subsumed and included in Liberty Mutual Claim No. 2067, which claim is allowed against all Debtors. Liberty Mutual Claim No. 2067 is to be treated as an unclassified claim and shall be treated according to the Stipulation.
4. Helmsman Claim Nos. 2244 and 2245 are hereby stricken as being subsumed and included in Helmsman No. Claim 2243, which claim is allowed against all Debtors. Helmsman Claim No. 2243 is to be treated as an unclassified claim and shall be treated according to the Stipulation.
5. Subject to the provisions herein, the Insurance Order (as that term is defined in the Stipulation) remains in full force and effect until superseded by the Plan; provided that, in the event of any conflict between the terms and provisions in this Agreed Order and the terms and provisions in the Insurance Order, the terms and provisions of this Agreed Order shall control and govern.
6. The Insurance Security (as that term is defined in the Stipulation) shall be continued in full force and effect after the Effective Date, and Liberty Mutual and Helmsman shall be authorized, subject to the terms of the Insurance Security, their other contracts with Debtors, and the Plan, and without seeking further order of the Court, to use the applicable Insurance Security they hold to satisfy the Remaining Claims (as that term is defined in the Stipulation) against Debtors or Reorganized Debtors to the extent permitted by the terms of the applicable agreements and the Plan, up to the amount of the Insurance Security (as it may hereinafter be modified by agreement of the parties thereto); it being understood that (a) unless Debtors agree, the Insurance Security shall not be increased or replenished in respect of any Prepetition Claims (as that term is defined in the Stipulation) or on account of the payment of any deductible, self-insured retention or similar contractual undertaking related to any Pre-petition Claim and (b) the Debtors shall have the right, but not the obligation, to increase or replenish the Insurance Security in respect of any claims asserted post-petition that are not Pre-Petition Claims
but are covered or potentially covered by the pre-petition Liberty Mutual policies and related contracts (nothing in this clause (b) affecting Liberty Mutual’s rights under the pre-petition policies and related contracts in respect of which the Insurance Security has been posted to disclaim coverage or contend that Debtors or Reorganized Debtors have failed to comply with the pre-petition policies and related contracts in respect of which the Insurance Security has been posted by not increasing or replenishing the Insurance Security in respect of such claims)
7. The motion filed by Liberty Mutual seeking temporary allowance of Claims Nos. 2061 and 2067 pursuant to Rule 3018 (Dkt. No. 1507) is hereby dismissed as MOOT.
8. The Debtors’ objections to the claims of Liberty Mutual (Dkt. No. 1342) are hereby overruled as MOOT.