Case No. 01-16034 (AJG) Jointly Administered.United States Bankruptcy Court, S.D. New York.
June 23, 2005
SECOND ORDER GRANTING REORGANIZED DEBTORS’ NINETY-FOURTH OMNIBUS OBJECTION TO PROOFS OF CLAIM (MISCELLANEOUS EMPLOYEE CLAIMS)
ARTHUR GONZALEZ, Bankruptcy Judge
Upon consideration of the Reorganized Debtors’ Ninety-Fourth Omnibus Objection to Proofs of Claim (Miscellaneous Employee Claims), dated March 10, 2005 (the “Objection”) (Docket No. 24287),[1] seeking entry of an order (a) disallowing and expunging; (b) modifying (by amount, classification and/or Debtor entity liable) and allowing; and (c) modifying (by amount, classification and/or Debtor entity liable) without allowance of certain claims pursuant to section 502(a) of title 11 of the United States Bankruptcy Code (the “Bankruptcy Code”), as identified on Exhibits A — F to the Objection, and with respect to the claims that the Reorganized Debtors do not seek to allow or disallow at this time, subject to the Reorganized Debtors’ reservation of rights to object to the validity, allowance, classification and priority of such claims, as modified herein, or to assert counterclaims against the holders of such claims, or their assignees, on other grounds at a later date, including, but not limited to, objections arising under sections 502(d) and 510 of the Bankruptcy Code; and subject to the Reorganized Debtors’ reservation of rights to offset certain claims against amounts such claimants owe the Reorganized Debtors and it appearing that the disallowance and expungement;
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modification (by amount, classification and/or Debtor entity liable) and allowance; or modification (by amount, classification and/or Debtor entity liable) without allowance of these Claims is in the best interests of the Debtors, their creditors and estates, and all parties in interest; and, pursuant to Rule 3007
of the Federal Rules of Bankruptcy Procedure, good and sufficient notice having been provided to the persons or entities that filed proofs of claim identified on Exhibits A — F to the Objection and their attorneys (if known), and any other parties on the Debtors’ Master Service List; and it appearing that no other or further notice need be provided; and the Court having reviewed the Objection and having heard the statements of counsel in support of the relief requested therein at a hearing before the Court (the “Hearing”); and the Court having determined that the legal and factual bases set forth in the Objection and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor, it is
ORDERED that Claim Nos. 2034100 (Drew C. Lynch) and 1683502 (Bonnie S. Nord) are hereby settled in their entirety and shall be allowed in the amount and priority and against the Debtor entity indicated on Exhibit A attached hereto; and it is further
ORDERED that the hearing on the Objection to the claim listed on Exhibit B is hereby adjourned to July 28, 2005 at 10:00 a.m. (Eastern); and it is further
ORDERED that the hearing on the Objection to the claims listed on Exhibit C is hereby adjourned to September 1, 2005 at 10:00 a.m. (Eastern).
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