Case No. 01-16034 (AJG) Jointly Administered.United States Bankruptcy Court, S.D. New York.
October 6, 2005
FOURTH ORDER GRANTING REORGANIZED DEBTORS’ NINETY-FOURTH OMNIBUS OBJECTION TO PROOFS OF CLAIM (MISCELLANEOUS EMPLOYEE CLAIMS)
ARTHUR GONZALEZ, Bankruptcy Judge
Upon further 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 “BankruptcyCode”), 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
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Debtors’ reservation of rights to offset certain claims against amounts such claimants owe the Reorganized Debtors; and upon consideration of the Reorganized Debtors’ Omnibus Reply to Responses to the Ninety-Fourth Omnibus Objection (Miscellaneous Employee Claims), dated June 21, 2005 (Docket No. 26230); and it appearing that the Court entered first its Order Granting The Reorganized Debtors’ Ninety-Fourth Omnibus Objection To Proofs Of Claim (Miscellaneous Employee Claims) on May 5, 2005 (Docket No. 25565), inter alia, adjourning the Employment Agreement Objection as to certain Claims following good and sufficient notice and a hearing; and it appearing that the reduction and allowance of the claim identified on Exhibit A attached hereto is in the best interests of the Reorganized Debtors, their creditors, 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, pursuant to section 502(a) of the Bankruptcy Code and by agreement between the parties, (a) Claim No. 455200 filed by Jack I. Tompkins is reduced and allowed as an unsecured claim against Enron Corp. in the amount of
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$842,608.64, (b) Jack I. Tompkins’s unsecured prepetition $42,608.64 obligation owed to Enron Corp. shall be satisfied as a result of offsetting such amount against Claim No. 455200, which is allowed herein in the amount of $842,608.64, and (c) as a result of the foregoing offset, Jack I. Tompkins shall hold a net claim in the allowed amount of $800,000 against Enron Corp. to be paid pursuant to the terms of the Plan, as identified on the attached Exhibit A; and it is further
ORDERED that the hearing on the Objection to the claim listed on Exhibit B is hereby adjourned to October 27, 2005 at 10:00 a.m. (Eastern); and it is further
ORDERED that the hearing on the Objection to the claim listed on Exhibit C is hereby adjourned to November 17, 2005 at 10:00 a.m. (Eastern).