Case No. 04-08130-TOM-11 (Jointly Administered).United States Bankruptcy Court, N.D. Alabama, Southern Division.
May 11, 2005.
AGREED ORDER ON ESTIMATION OF CERTAIN ALLEGED ASBESTOS AND SILICA CLAIMS FOR VOTING PURPOSES ONLY
TAMARA MITCHELL, Chief Judge, Bankruptcy
These matters come before the Court on the Debtors’ Motion to Estimate Claims Asserting Silica-Related Injury For Purposes Of Voting (the “Silica Claims Voting Motion”), the Motion to Estimate Zero Amount Claims For Purposes Of Voting To Accept Or Reject Chapter 11 Plan Of Reorganization (the “Zero Claims Voting Motion”), and the Stipulation Concerning Certain Alleged Asbestos And Silica Claims For Voting Purposes Only (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, and having determined that the Stipulation is in the best interest of the Debtors, their creditors, and all parties in interest; and after due deliberation and sufficient cause appearing therefore, it is hereby ORDERED, ADJUDGED and DECREED as follows:[2]
1. The Stipulation is approved in all respects.
2. The claims of the Silica Claimants, as set forth in ExhibitA to the Stipulation, shall be estimated for voting purposes only at $1.00 per claim.
3. The claims of the Asbestos Claimants, as set forth inExhibit B to the Stipulation, shall be estimated for voting purposes only at $500 per claim.
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4. The Response To Debtors’ Motion To Estimate Claims Asserting Silica-Related Injury For Purposes Of Voting On The Debtors’ Plan (Docket No. 1606) and Response To Debtors’ Motion To Estimate Zero Amount Claims For Purposes Of Voting To Accept Or Reject Chapter 11 Plan Of Reorganization (Docket No. 1654) are moot and are hereby dismissed with prejudice.