Case No. 03-15299 (PSH) (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 24, 2004
John Wm. Butler, Jr. (ARDC No. 06209373), George N. Panagakis (ARDC No. 06205271), Ron E. Meisler (ARDC No. 06270262), SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, Illinois, Attorneys for Debtors and Debtors-in-Possession.
Steven E. Balk, McGehee, Olson, Pepping, Balk Payson, Ltd., Silvis, IL, Attorneys for the Claimants.
STIPULATION AND AGREED ORDER UNDER 11 U.S.C. § 102(1), 105(a), AND 502(b) AND FED. R. BANKR. P. 3007 RESOLVING THE DEBTORS’ OBJECTION TO CERTAIN CLAIMS SET FORTH IN SECOND OMNIBUS OBJECTION TO CLAIMS [EOD #851]
PAMELA S. HOLLIS, Bankruptcy Judge
Eagle Food Centers, Inc. (the “Reorganized Debtor”) by and through its attorneys, Skadden, Arps, Slate, Meagher Flom LLP and the five claimants (the “Claimants”) listed on Exhibit A,
attached hereto, by and through their attorneys, McGehec, Olson, Pepping, Balk Payson, Ltd., hereby stipulate, and the Bankruptcy Court hereby orders, as follows:
WHEREAS, on April 7, 2003, Eagle Food Centers, Inc. (“Eagle Foods”) and four of its subsidiaries and affiliates (the “Affiliate Debtors”), the debtors and debtors-in-possession in the above captioned cases (collectively, the “Debtors”), each filed with the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division (the “Court”) a voluntary petition for relief under
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chapter 11 of title 11 of the United States Code, 11 U.S.C. § 101-1330 (as amended, the “Bankruptcy Code”);
WHEREAS, the Claimants filed proofs of claim (the “Proofs of Claim”) against the Debtors for the amounts and on the dates as set forth on the Exhibit A attached hereto;
WHEREAS, on January 27, 2004, the Debtors filed the Debtors’ Second Omnibus Objection to Claims Under 11 U.S.C. § 102(1), 105(a), And 502(b) And F.R.Bankr.P. 3007 (Docket No. 851) (the “Objection”), pursuant to which the Debtors objected to, among others, the Proofs of Claim and requested that the Proofs of Claim be reduced and reclassified;
WHEREAS, those Proofs of Claim set forth on Exhibit A
attached hereto are Claims filed by employees which are overstated in amount and incorrectly assert secured or priority claims;
WHEREAS, on February 19, 2004, Claimants filed the Resistance to Debtors’ Second Omnibus Objection to Claims Under 11 U.S.C. § 102(1), 105(a), and 502(b) and F.R.Bankr.P. 3007
(Docket No. 889) and thereafter this matter was continued to the June 24, 2004 omnibus hearing;
WHEREAS, Eagle Foods and the Claimants wish to settle and resolve the Objection as set forth herein;
NOW, THEREFORE, Claimant and Eagle Foods agree as follows:
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1. Each Claim listed on Exhibit A attached hereto is reduced to the amount reflected therein and reclassified to general unsecured.
2. Logan Company, Inc., the Debtors’ claims and noticing agent, is directed to amend the Debtors’ claims register to reflect the terms of this Stipulation and Agreed Order.
3. This Court shall retain jurisdiction to hear any matters or disputes arising from or relating to this Stipulation and Agreed Order.
IT IS SO ORDERED.
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[EDITORS’ NOTE: EXHIBIT A IS ELECTRONICALLY NON-TRANSFERRABLE.]Page 1