Case No. 00-34533 Jointly AdministeredUnited States Bankruptcy Court, E.D. Virginia.
April 7, 2004
Bruce H. Matson, Katharine Macaulay Mueller, John R. Bollinger, LeCLAIR RYAN, Richmond, Virginia, of Counsel for the Debtors
ORDER SUSTAINING DEBTORS’ THIRD OMNIBUS OBJECTION TO CERTAIN ADMINISTRATIVE CLAIMS AND OTHER RELATED CLAIMS
DOUGLAS TICE, Chief Judge, Bankruptcy
This matter coming before the Court on the Debtors’ Third Omnibus Objection to Certain Administrative Claims and Other Related Claims (the “Objection”) filed by the above-captioned debtors (the “Debtors”); the Court having reviewed the Objection and having heard the statement of counsel in support of the relief requested in the Objection at a hearing before the Court (the “Hearing”); the Court finding that (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. § 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2) and (c) notice of the Objection (and service of the proposed order) was sufficient under the circumstances; 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 herein granted; it is hereby
ORDERED as follows:
1. Except as otherwise provided herein on Exhibits 1-3 or separate order of this Court, the Objection is SUSTAINED.
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2. Capitalized terms not otherwise defined herein have the meanings given to them in the Objection. This Order affects only the claims identified in Exhibits A through G to the Objection.
3. Except as otherwise provided herein or separate order of this Court, the Duplicate Claims identified under the “Duplicate Claim” column ofExhibit A to the Objection are hereby disallowed in their entirety. The Debtors shall maintain the right to object to the “Surviving Claim” column of Exhibit A on any other grounds at any time.
4. Except as otherwise provided herein or separate order of this Court, the Superseded Claims identified under the “Superseded Claim” column ofExhibit B to the Objection are hereby disallowed in their entirety. The Debtors shall maintain the right to object to the “Surviving Claim” column of Exhibit B on any other grounds at any time.
5. Except as otherwise provided herein or separate order of this Court, the Late Claims listed on Exhibit C to the Objection are hereby disallowed in their entirety.
6. Except as otherwise provided herein or separate order of this Court, the Reclassified Claims listed on Exhibit D to the Objection are hereby reclassified as shown on Exhibit D; however, the Debtor shall have the right to review further the Reclassified Claims as to the validity of the amount being asserted. The Debtors shall maintain the right to object to the Reclassified Claims listed on ExhibitD on any and all grounds at any time.
7. Except as otherwise provided herein or separate order of this Court, the Reclassified and Reduced Claims listed on Exhibit E to the Objection are hereby reclassified and reduced as shown on ExhibitE. The Debtors shall maintain the right to object to the Reclassified and Reduced Claims listed on Exhibit E on any other grounds at any time.
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8. Except as otherwise provided herein or separate order of this Court, the Reduced Claims listed on Exhibit F to the Objection are hereby reduced as shown on Exhibit F. The Debtors shall maintain the right to object to the Reduced Claims listed on ExhibitF on any other grounds at any time.
9. Except as otherwise provided herein or separate order of this Court, the No Liability Claims listed on Exhibit G to the Objection are hereby disallowed in their entirety (or in any other order of the Court). 10. The claims identified in Exhibit 1 to this Order have been resolved in the manner identified in Exhibit 1 to the Order. The claims identified in Exhibit 2 to this order have not yet been resolved and the hearing on the Objection as it relates to the identified claims have been continued to the next omnibus hearing date set for April 21, 2004 at 2:00 p.m. The Debtors hereby withdraw the objections to the claims identified in Exhibit 3 to this Order.
11. Except to the extent expressly allowed herein, the Debtors maintain the right to object further to any and all claims, whether or not the subject of this Objection, on any grounds as allowed by applicable law.
The Clerk is directed to send a copy of this Order to Katherine Macaulay Mueller, at LeClair Ryan, 707 East Main Street, Suite 1100, Richmond, Virginia 23219, upon entry. Debtors’ counsel shall serve the entered Order on the parties identified on Exhibit A throughG to the Objection.
EXHIBIT 1
ALLOWED CLAIMS
EXHIBIT 2
CONTINUED CLAIMS CLAIMANT CLAIM NUMBER
Bocanegra, Sergio 010998 Brittain, Amy 007297 Clinton, City of 006878 Commerce Bank, N.A. fka Amcore Bank, N.A. 011385 Commerce Bank, N.A. fka Amcore Bank, N.A. 011129 Hall, Ricky C. 011955 Hall, Ricky C. 011951 Hall, Ricky C. 002057 Hall, Ricky C. 005780 Patterson West, Ltd. 012098 Schnuck Markets, Inc. 011204 Schnuck Markets, Inc. 010886 Vallera Properties 006590 Yancey, Stephen 000895 Yancey, Stephen 001124 Yancey, Stephen 007492 Yancey, Stephen 007608 Yancey, Stephen 009479 Yancey, Stephen 010710 Yancey, Stephen 010780 Yancey, Stephen 012273
EXHIBIT 3
WITHDRAW OBJECTION CLAIMANT CLAIM NUMBER
Clinton, City of 004116 Clinton, City of 004959 Clinton, City of 004958 Clinton, City of 004960 Lipscomb Family Foundation 003491 Lubbock Central Appraisal 006079 Murphy, Helen George 010524 Rubloff Group Holdings 006273 Thompson, Priscilla 009482