Case No. 02-12059 (Jointly Administered), Re: Docket Item Number 5283.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 24, 2005
SUPPLEMENTAL AND FINAL ORDER WITH RESPECT TO THE SEVENTEENTH OMNIBUS OBJECTION TO CLAIMS
CAROL DOYLE, Bankruptcy Judge
This cause coming to be heard on the Seventeenth Omnibus Objection of the Post-Confirmation Committee (the “PCC”) of Unsecured Creditors of HA2003, Inc., Formerly Known as HA-LO Industries, Inc., et al., to Claims (the “Seventeenth Omnibus Objection”); notice of the Seventeenth Omnibus Objection having been given to all affected creditors; the Court having heard any arguments of counsel for the PCC and any claimant subject to the Seventeenth Omnibus Objection; and the Court being otherwise fully advised in the premises;
IT IS HEREBY ORDERED THAT:
1. On April 22, 2005, the Court entered an Order with Respect to the Seventeenth Omnibus Objection to Claims (the “Order”) [Docket No. 5527], sustaining in part, the Seventeenth Omnibus Objection to certain scheduled claims, and continuing the Seventeenth Omnibus Objection with respect to the remaining claims. A copy of the Order is attached hereto as Exhibit A.
2. The PCC has subsequently resolved and/or reconciled certain of the claims continued by the Court’s Order, which claims are more fully set forth on Exhibit B,
Page 2
attached hereto. As a result, the unsecured claims identified onExhibit B are hereby allowed, and the Seventeenth Omnibus Objection is withdrawn with prejudice as to the claims identified on Exhibit B.
3. The Seventeenth Omnibus Objection is hereby SUSTAINED as to all remaining claims identified on Exhibit C attached hereto, as the claims lack sufficient supporting documentation and are not supported by the books: records of the debtors. The unsecured claims identified on Exhibit C are hereby disallowed.
4. This Court shall retain jurisdiction over the PCC and the claimants whose claims are subject to the Seventeenth Omnibus Objection with respect to any matters related to or arising from the implementation of this Order.
5. This Order is without prejudice to the rights of the HA2003 Liquidating Trust and the PCC to object to any other filed or scheduled claims in these chapter 11 cases or to further object to any Scheduled Claims or Filed Claims objected to herein on any basis or for any reason, subject to the terms of the Plan.
6. This Order is a final order, and the Seventeenth Omnibus Objection and this Order constitute a core proceeding.
EXHIBIT “A” ORDER WITH RESPECT TO THE SEVENTEENTH OMNIBUS OBJECTION TO CLAIMS
This cause coming to be heard on the Seventeenth Omnibus Objection of the Post-Confirmation Committee (the “PCC”) of Unsecured Creditors of HA2003, Inc., Formerly Known as HA-LO Industries, Inc., et al., to Claims (the “Seventeenth Omnibus Objection”); notice of the Seventeenth Omnibus Objection having been given to all affected creditors; the Court having heard any arguments of counsel for the PCC and any claimant subject to the Seventeenth Omnibus Objection; and the Court being otherwise fully advised in the premises;
IT IS HEREBY ORDERED THAT:
1. The Seventeenth Omnibus Objection is SUSTAINED as to each scheduled claim identified on Exhibit A attached hereto.
2. The scheduled claims identified on Exhibit A hereto shall be disallowed
3. The Seventeenth Omnibus Objection is continued to May 25, 2005 at 2:00 p.m. (Central Time) with respect to all claims set forth on Exhibit B, attached hereto.
4. This Court shall retain jurisdiction over the PCC and the claimants whose claims are subject to the Seventeenth Omnibus Objection with respect to any matters related to or arising from the implementation of this Order.
5. This Order is without prejudice to the rights of the HA2003 Liquidating Trust and the PCC to object to any other filed or scheduled claims in these chapter 11 cases or to further object to any Scheduled Claims or Filed Claims objected to herein on any basis or for any reason, subject to the terms of the Plan.
6. This Order is a final order, and the Seventeenth Omnibus Objection and this Order constitute a core proceeding.
EXHIBIT A and B
EXHIBIT “B” Filed Unsecured Claims to be Allowed Claimant Claim No. Treatment Allowed Amount
AOC (Accountants on Call) 2078 Allow $856.00
Ashley Company, The 2286 Allow $1,194.95
Bellsouth Communications 1380 Allow $800.56
Blackberry c/o 1988 Allow $1,781.96 Research in Motion
Carolina Power Light Company 225 Allow $563.92 Progress Energy, Inc.
Consumers Energy Company 7 Allow $462.97
Duke Energy Corporation 256 Allow $2,295.13
EMC Corporation 412 Allow $3,250.00
Florida Power Light Company 171 Allow $1,207.03
Kinetic Mktg. 966 Allow $4,446.25
Lexis Nexis Document Solutions 1839 Allow $144.50
Lexis-Nexis 2220 Allow $3,719.92 c/o Diversified Credit Service
Quill Company Inc. 465 Allow $3,690.43
Sanford, LP. Subs. Of Newell 144 Allow $3,959.77 Rubbermaid, Inc.
Suntrust Bank 340 Allow $512.37
EXHIBIT “C” Filed Unsecured Claims with Insufficient Supporting Documentation To Be Disallowed
Claimant Claim Claim Treatment Allowed Amount No. Amount
Adecco Employment 201 $3,151.15 Disallow $0 Services, Inc. c/o The Olsten Corporation
Aramark Refreshment Svc. 696 $208.99 Disallow $0
Associates Capital Bank d/b/a 325 $816.83 Disallow $0 Office Max Credit Plan
Taps, Inc. 1632 $389.72 Disallow $0
Tech Data Corporation 5 $705.12 Disallow $0 US Credit Services
Verizon Directories Corp. 364 $566.65 Disallow $0 f/k/a GTE Directories Corporation c/o D B/RMS Bankruptcy Services