Case No. 00-34533, Jointly Administered.United States Bankruptcy Court, E.D. Virginia, Richmond Division.
November 17, 2005
Bruce H. Matson (Va. Bar No. 22874), Katherine Macaulay Mueller (Va. Bar No. 44302), Troy Savenko (Va. Bar No. 44516) LeCLAIR RYAN, A Professional Corporation Richmond, Virginia, Counsel for the Debtors.
Christy Douglas, Pro Se, Elmwood Park, Illinois, Pro Se.
STIPULATION AND ORDER REGARDING CLAIM OF CHRISTY DOUGLAS
DOUGLAS TICE JR., Chief Judge
Heilig-Meyers Company, Heilig-Meyers Furniture Company, Heilig-Meyers Furniture West, Inc., HMY Star, Inc., HMY RoomStore, Inc., and MacSaver Financial Services, Inc., the above-captioned debtors (collectively, the “Debtors”), by counsel, and Christy Douglas (“Claimant”), pro se, hereby stipulate and agree, and the Court hereby finds and orders, as follows:
Recitals:
WHEREAS on August 16, 2000 (the “Petition Date”), each of the Debtors filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”).
WHEREAS the Debtors have continued in possession of their respective properties and the management of their respective businesses as debtors-in-possession pursuant to sections 1107 and 1108 of the Bankruptcy Code.
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WHEREAS these cases are being jointly administered, at the present time, for procedural purposes only.
WHEREAS the Claimant has filed the following claim against the Debtors: (a) claim number 010522, filed on August 27, 2001, alleging that she is owed a priority claim in the amount of $960.00 (the “Douglas Claim”).
WHEREAS the Debtors have objected previously to the Douglas Claim, disallowing number 010522.
WHEREAS the Claimant requested and the Debtors agreed to reevaluate the Douglas Claim and determined that Claimant is entitled to a single, allowed priority claim in the amount of $212.00, and an unsecured, non-priority claim in the amount of $960.00.
WHEREAS the Debtors, based upon a review of records and documentation available to them and after considering the statements of the Claimant, have agreed that the Claimant is entitled to a single, allowed priority claim in the amount of $212.00, and an unsecured, non-priority claim in the amount of $960.00.
WHEREAS the Debtors propose to allow the Douglas Claim numbered 010522 to be allowed as a priority claim in the amount of $212.00, and an unsecured, non-priority claim in the amount of $960.00.
WHEREAS, the Debtors and Claimant desire to resolve the Claimant’s claim without imposing any further time, expense or delay on the parties or the Court;
NOW, THEREFORE, in consideration of the mutual promises and representations hereinafter set forth, and for other good and valuable consideration:
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1. Douglas Claim number 010522 is hereby ALLOWED in the priority amount of $212.00, and in the unsecured, non-priority amount of $960.00.
2. The provisions of this Stipulation and Order will become effective only upon being “so-ordered” by the Court and entry of the Stipulation and Order by the Court.
3. Upon entry of the Stipulation and Order by the Court approving the terms hereof and the Stipulation and Order becoming final and non-appealable, this Stipulation and Order shall be valid and binding on the parties and their respective successors and assigns, including, without limitation, the Liquidation Trustee (as defined in the Liquidating Plan), the Debtors’ estates and any person or entity hereafter appointed as a representative of the estates.
4. The Court shall retain jurisdiction to resolve any dispute concerning this Stipulation and Order.
5. This Stipulation and Order represents the entire agreement between the parties and shall not be modified, except in writing to be countersigned by the parties or their respective counsel and “so-ordered” by this Court.
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