Case No. 04-8130-TOM-11.United States Bankruptcy Court, N.D. Alabama, Southern Division.
May 9, 2005.
ORDER RESOLVING THE DEBTORS’ OBJECTION TO THE CLAIM OF PACE INTERNATIONAL UNION AND PACE LOCAL 7-0366
TAMARA MITCHELL, Chief Judge, Bankruptcy
This matter came to be heard upon the Debtors’ objection to the claim (the “Objection”) filed by PACE International Union and PACE Local 7-0366 (“PACE”) filed pursuant to § 105(a) of title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (the “Bankruptcy Code”) and Rule 9019 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”); the Court having jurisdiction to consider these matters in accordance with 28 U.S.C. §§ 157 and 1334, due and sufficient notice of the Objection having been given; the Court having determined that the parties agreement herein is reasonable; the Debtors and PACE having consented to the order herein; the Court having determined that the agreement is in the best interests of the Debtors, their creditors, and all parties in interest; upon the Objection, PACE’s response and all of the proceedings before this Court; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that the Objection is held in abeyance until an order becomes final which confirms a Plan of Reorganization, which provides that the Debtor assume the collective bargaining agreement executed between Debtors and PACE Local 7-0366 (“Plan”), and the Plan is consummated.
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ORDERED that the claims asserted against the Debtors by PACE shall be deemed withdrawn when an order becomes final which confirms a Plan of Reorganization which provides that the Debtors assume the collective bargaining agreement executed between the Debtors and PACE Local 7-0366, and the Plan is consummated.