Case No: 09-15049, Case No: 09-15044, (Jointly Administered under Case No. 09-15049).United States Bankruptcy Court, D. Maryland, (Baltimore Division).
November 8, 2010
STIPULATION AND CONSENT ORDER (I) RESOLVING DEBTORS’ OBJECTION TO CLAIMS OF NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND (II) CONSENTING THAT ORDER SUSTAINING CLAIM OBJECTION BE VACATED
NANCY ALQUIST, Bankruptcy Judge
F.T. Silfies, Inc. and Price Trucking, Inc., the debtors and debtors-in-possession (the “Debtors”) and the New York State Department of Taxation and Finance (“NYS”), by and through their undersigned counsel, hereby stipulate and agree as follows:
WHEREAS, on March 25, 2009 (the “Petition Date”), the Debtors filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code (the “Bankruptcy
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Code”) in the United States Bankruptcy Court for the District of Maryland (the “Bankruptcy Court”).
WHEREAS, on October 13, 2009, the Debtors filed the Consolidated Plan of Reorganization as Amended (the “Plan”).
WHEREAS, on November 20, 2009, the Bankruptcy Court entered the Order Confirming Debtors’ Consolidated Plan of Reorganization as Amended.
WHEREAS, NYS timely filed proof of claim number 116 (“Claim No. 116”) in the case of debtor, F.T. Silfies, Inc. (“Silfies”) asserting a claim in the amount of $2,615.43 with respect to certain highway use taxes allegedly owed by Silfies to NYS prior to the Petition Date.
WHEREAS, NYS timely filed proof of claim number 124 (“Claim No. 124”) in the Silfies case asserting a claim in the amount of $777.02 with respect to certain highway use taxes allegedly owed by Silfies to NYS prior to the Petition Date.
WHEREAS, NYS timely filed proof of claim number 5 (“Claim No. 5”) in the case of debtor, Price Trucking, Inc. (“Price”) asserting a claim in the amount of $5,285.25 with respect to certain highway use taxes allegedly owed by Price to the NYS prior to the Petition Date.
WHEREAS, NYS timely filed proof of claim number 28 (“Claim No. 28”) in the Price case asserting a claim in the amount of $7,648.70 with respect to certain highway use taxes allegedly owed by Price to NYS prior to the Petition Date and for which Price failed to file forms CT-183 and CT-184 for certain specified periods.
WHEREAS, NYS timely filed proof of claim number 32 (“Claim No. 32,”) in the Price case asserting a claim in the amount of $95.38 with respect to certain highway use taxes allegedly owed by Price to NYS prior to the Petition Date.
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WHEREAS, on or about April 15, 2010, the Debtors filed an objection to allowance of Claim Nos. 116, 124, 5, 28 and 32, collectively the “NYS Claims” (the “Claim Objection”).
WHEREAS, NYS subsequently filed proof of claim number 37 which amended and superseded Claim No. 28 (“Claim No. 37”).
WHEREAS, Price filed forms CT-183 and CT-184 for years 2006, 2007 and 2008 (the “Returns”) and NYS subsequently filed proof of claim number 38 which amended and superseded Claim No. 37 (“Claim No. 38”) in the Price case asserting an unsecured priority claim in the amount of $1,578.92 and a general unsecured claim in the amount of $677.72 reflecting Price’s liability for the Returns. NYS subsequently withdrew Claim No. 37.
WHEREAS, on October 29, 2010, the Court entered an Order Sustaining Debtors’ Objection To Claim 5,116,124, 28 and 32 of certain claims filed by The New York State Department of Taxation and Finance (the “Order”).
WHEREAS, the parties agree that the Order should be vacated in light of the Stipulation reached by the parties resolving the Claim Objection.
WHEREAS, Debtors agree for themselves and their successors and assigns that Claim #38 and any subsequent amended or superseded claims will not be challenged as untimely in any future objection in these cases.
WHEREAS, the Debtors and NYS have agreed to a resolution of the Claim Objection whereby Claim No. 38 and Claim No. 124 shall be allowed in full and paid in accordance with the provisions of the Plan.
WHEREAS, the Debtors and NYS have further agreed that Claim Nos. 5, 116, 28 and 32 shall be disallowed.
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NOW, THEREFORE, it is, by the United States Bankruptcy Court for the District of Maryland,
ORDERED as follows:
1. The Order entered at Docket No. 417 shall be and hereby is VACATED.
2. Claim No. 38 shall be allowed as a General Unsecured Claim in the amount of $677.72 and as an unsecured Priority Tax Claim in the amount of $1,578.92;
3. Claim No. 124 shall be allowed as a Priority Tax Claim in the amount of $777.02; and
4. The Debtors shall pay Claim Nos. 38 and 124 in accordance with the provisions of the Plan; and
5. Claim Nos. 5, 116, 28 and 32 shall be disallowed in their entirety.
Signed: November 04, 2010
SO ORDERED
WHITEFORD, TAYLOR PRESTON LLP, Brent C. Strickland, Bar No. 22704, J. Daniel Vorsteg, Bar No. 26651, Cara D. Chasney, Bar No. 28843, Baltimore, Maryland, Counsel for the Debtors.
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Daniel Smirlock, Deputy Commissioner and Counsel, Kileen C. Davies, Esq., Senior Attorney, Albany, New York, Counsel for New YorkState Department of Taxation and Finance.