Case No. 04-33192 (Jointly Administered).United States Bankruptcy Court, W.D. Kentucky, Louisville Division.
April 28, 2005
Mark A. Robinson, VALENTI, HANLEY CROOKS, PLLC, Louisville, Kentucky, Counsel for Steven L. Victor.
AGREED ORDER
DAVID STOSBERG, Chief Judge, Bankruptcy
This matter having come before the Court upon the agreement of Steven L. Victor, the Plan Administrator (the “Administrator”), by counsel, and Peak Heating and Air Conditioning, Inc. (“Peak”), and it appearing to the Court that:
1. On June 24, 2004, Jillian’s Billiard Club of Worchester, LP (“Jillian’s Worchester”) filed its Schedules herein (the “Worchester Schedules”).
2. Schedule F of the Worchester Schedules lists Peak as a creditor holding an unsecured claim in the undisputed amount of $2,488.43 (the “Undisputed Claim”).
3. Peak’s original Proof of Claim (Claim No. 584) in the amount of $2,488.43 was filed on August 23, 2004 (“Claim 584”).
4. Debtors’ Fifth Omnibus Objection to Claims (DN 912) filed herein on December 15, 2004, includes an Objection to Claim 584 and classifies it as a “Wrong Debtor Claim.”
5. Peak’s amended Proof of Claim (Claim No. 962) in the amount of $2,488.43 was filed on November 18, 2004 (“Claim 962”).
6. The bar date for non-governmental claims, as established by Order entered June 22, 2004 (DN 215) is August 31, 2004.
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7. Debtors’ Sixth Omnibus Objection to Claims (DN 1061) filed herein on March 31, 2005, includes an Objection to Claim 962 and classifies it as a “Late Filed Claim.”
8. Claim 584 is the same claim as the Undisputed Claim.
9. Claim 584 was timely filed.
10. Claim 962 is a duplicate of Claim 584.
11. The Administrator and Peak desire to resolve the objections to Peak’s claims under the terms set forth herein;
and the Court being otherwise sufficiently advised;
IT IS HEREBY AGREED, ORDERED AND ADJUDGED AS FOLLOWS:
A. The Debtors’ Fifth Omnibus Objection to Claims is hereby withdrawn insofar as it relates to Claim 584, but otherwise remains in full force and effect.
B. Claim 584 is hereby deemed to be allowed in the amount of $2,488.43, is one and the same claim as the Undisputed Claim and is merged therewith
C. Claim 962 is hereby disallowed and expunged from the Claims Register as a duplicate claim.
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