Case No. 02-02474 (Jointly Administered)United States Bankruptcy Court, N.D. Illinois.
September 23, 2003
ORDER PURSUANT TO 11 U.S.C. § 502 AND 503 AND FED, R. BANKR. P. 9019 AUTHORIZING KMART CORPORATION TO ACKNOWLEDGE CERTAIN PREPETITTON CLAIM AMOUNTS AND TO ALLOW SUCH CLAIMS AT THE ACKNOWLEDGED AMOUNT
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon the motion dated September 3, 2003 (the “Motion”), wherein Kmart Corporation and certain of its domestic subsidiaries and affiliates, former debtors and debtors-in-possession in the above-captioned cases (collectively, “Kmart”), moved this Court for entry of an order pursuant to 11 U.S.C. § 502 and 503 and Fed.R. Bankr, P. 9019 authorizing Kmart to acknowledge certain prepetition claims and to allow such claims at the acknowledged amount; it appearing to the Court that (i) it has jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. § 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); (iii) the relief requested, in the Motion is in the best interests of the Debtors, their estates, and their creditors; (iv) proper and adequate notice of the Motion and the hearing thereon has been given and that no other or further notice is necessary; and (v) upon the record herein after due deliberation thereon, that the Motion should be granted as set forth below,
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IT IS HEREBY ORDERED THAT pursuant to §§ 502 and 503 of the Bankruptcy Code and Rule 9019 of the Federal Rules of Bankruptcy Procedure, those claims set forth on the attached Exhibits A and B as “Filed” are deemed Allowed Claims in the amounts listed therein.
IT IS FURTHER HEREBY ORDERED THAT with respect to each claim listed on Exhibits A and B as “Continued,” consideration of the Motion with respect to such claim shall he continued until October 2S, 2003.
IT IS FURTHER HEREBY ORDERED THAT with respect to each claim listed on Exhibits A and B as “Motion Withdrawn,” the Motion is hereby ordered withdrawn with respect to such claim without prejudice to Kmart’s right to refile.