Case No. 04-08130-TOM-11, (Jointly Administered).United States Bankruptcy Court, N.D. Alabama, Southern Division.
July 7, 2005.
John R. Frawley, Esq., LEVAND STEEL SUPPLY CO., Irondale, Alabama, Attorney for Levand Steel Supply Co.
Glenn E. Glover, Esq., CITATION CORP., ET AL., Burr and Forman LLP, Birmingham, AL, Attorney for Debtor.
AGREED ORDER ON PETITION FOR RECONSIDERATION OF LEVAND STEEL SUPPLY CO.
TAMARA MITCHELL, Chief Judge, Bankruptcy
This matter came before the Court on the Petition For Reconsideration Of Levand Steel Supply (Docket No. 1920) (the “Petition”) filed by Levand Steel Supply Co. (“Levand”) at a hearing on June 20, 2005. The Debtors announced to the Court at the hearing that an agreement had been reached with Levand, said agreement which is reflected below.
Due notice of the matters made the subject of the Petition were given to all parties in interest. The Court having reviewed the agreement of the parties as set out below and having determined that the parties’ agreement 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:
1. The Petition is OVERRULED.
2. The prior expungement of Levand’s claim against the Debtors’ estates (Claim No. 2708), pursuant to the Debtors’ March 29, 200 Second Omnibus Objection To Late Filed Claims and this Court’s May 13, 5005 Order expunging Levand’s claim, is VACATED.
3. Levand’s claim is ALLOWED as an unsecured, nonpriority claim against the Debtors’ estates in the amount of $409,042.82, said amount which is the difference between the Debtors’
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collectively scheduled $1,662,506.46 pre-petition indebtedness to Levand and the $1,253,463.64 cure payment which the Debtors made to Levand pursuant to this Court’s September 20, 2004 Order authorizing the Debtors’ payment of certain pre-petition indebtedness to critical trade vendors.