Case No. 03-15299 (PSH), (Jointly Administered)United States Bankruptcy Court, N.D. Illinois.
December 12, 2003
ORDER UNDER 11 U.S.C. § 102(1), 105(a), AND 502(b) AND FED. R. BANKR. P. 3007 DISALLOWING AND/OR RECLASSIFYING CERTAIN CLAIMS SET FORTH IN FIRST OMNIBUS OBJECTION
PAMELA S. HOLLIS, Bankruptcy Judge
Upon the Debtors’ First Omnibus Objection to Claims Under 11 U.S.C. § 102(1), 105(a), And 502(b) And F.R.Bankr.P. 3007, dated November 12, 2003 (the “Objection”)[1] filed by the above-captioned debtors and debtors-in-possession (collectively, the “Debtors”); and it appearing that notice of the Objection was good and sufficient under the particular circumstances and that no other or further notice need be given; and the court having considered (i) the Objection, (ii) the claims (the “Claims”) listed on Exhibits A through F
attached hereto (collectively, the “Exhibits”), and (iii) the responses to the Objection, if any; and after due deliberation thereon; and good cause appearing therefore;
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IT IS HEREBY FOUND AND DETERMINED THAT:
A. Each of the Claimants listed on the Exhibits attached hereto was properly and timely served with a copy of the Objection and notice of the Hearing;
B. The Objection is a core proceeding under 28 U.S.C. § 157(b)(2);
C. The Claims listed on Exhibit A are Claims to which the Debtors have no liability;
D. The Claims listed on Exhibit B are Claims to be reclassified as equity interests;
E. The Claims listed on Exhibit C are Claims that were discharged in the Debtors prior chapter 11 case;
F. The Claims listed on Exhibit D under the column heading “Claims to be Disallowed” are duplicative in that either different Claimants asserted duplicate Claims against the same Debtor for a single liability or the Claimants listed thereunder have filed two or more Proofs of Claim against the same Debtor asserting the same liability of that Debtor;
G. The Claims listed on Exhibit E under the column labeled “Claims to Be Disallowed” are duplicative of the Claims filed by the Indenture
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Trustee on behalf of all holders of the Debtors’ 11% Senior Notes and assert duplicate Claims against the Debtor for a single liability;
H. The Claims listed on Exhibit F under the column heading “Claims to be Disallowed” are Claims which have been superseded by other Proofs of Claims filed by the creditors with respect to the same liabilities;
K. The relief requested in the Objection is in the best interests of the Debtors, their estates and creditors; and it is therefore
ORDERED, ADJUDGED AND DECREED THAT:
1. Pursuant to 11 U.S.C. § 102(1), 105(a), and 502(b) and F.R.Bankr.P. 3007, each Claim listed on Exhibits A and C
attached hereto, be, and hereby is, disallowed in its entirety.
2. Pursuant to 11 U.S.C. § 102(1), 105(a), and 502(b) and F.R.Bankr.P. 3007, each Claim listed on Exhibit B attached hereto, be, and hereby is, reclassified as an equity interest.
3. Pursuant to 11 U.S.C. § 102(1), 105(a), and 502(b) and F.R.Bankr.P. 3007, each Claim listed on Exhibits D, E
and F attached hereto, under the column heading “Claims to be Disallowed” be, and hereby is, disallowed in its entirety;
4. Claims listed on Exhibits D, E and F
attached hereto, under the column heading “Remaining Claims” are not disallowed by this Order; however,
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this Order is without prejudice to the Debtors’ right to later object to any of those claims in these Chapter 11 cases.
5. This Order is without prejudice to the Debtors’ right to object to any other Claims in these Chapter 11 cases or further object to Claims objected to herein.
6. This Court shall retain jurisdiction over the Debtors and the Claimants whose Claims are subject to the Objection with respect to any matters related to or arising from implementation of this Order.
[EDITORS’ NOTE: EXHIBIT A IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT B IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT C IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT D IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT E IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT F IS ELECTRONICALLY NON-TRANSFERRABLE.]