Case No. 02-B02474 (Jointly Administered)United States Bankruptcy Court, N.D. Illinois, Eastern Division
February 25, 2003
John Wm. Butler, Jr., J. Eric Ivester, Mark A. McDermott, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL; Attorneys for Debtors and Debtors-in-Possession.
Joseph P. Kincaid, Mark F. Abraham, Swanson, Martin Bell, Chicago, IL; Attoneys for Maria and Fernando Styne.
AREED ORDER REGARDING MOTION OF MARIA STYNE AND FERNANDO STYNE FOR LEAVE TO FILE LATE PROOF OF CLAIM
SUSAN PIERSON SONDERBY, United States Bankruptcy Judge
This Agreed Order is entered into and submitted to the Court in accordance with the agreement of Kmart Corporation (“Kmart”) and certain of its domestic subsidiaries and affiliates, debtors and debtors-in-possession in the above-captioned cases (collectively, the “Debtors”) and Maria and Fernando Styne (the “Stynes”), in resolution of the Stynes’ Motion for Leave to File Late Proof of Claim (Docket No. 8183) (the “Motion”), as signified by the signatures of counsel below, to allow the filing of the Stynes’ proof of claim, as set forth herein; it appearing to the Court that the relief should be granted,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
1. The Stynes shall file a proof of claim with the Debtors’ claims agent, Trumbull Services, LLC (“Trumbull”) on or by March 11, 2003. If the proof of claim is filed on or by March 11, 2003, it will be deemed timely filed,
2. Except as provided in paragraph 1 of this order, the Debtors expressly reserve the right to file an objection to the Stynes’ proof of claim for any and all reasons.
3. The Debtors reserve all rights regarding the allowance of the Stynes’ claim in the Procedures for Liquidating and Settling Personal Injury Claims (the “Claims Resolution Procedure”) (Docket No. 4944).
4. Nothing in this Order shall be deemed an admission of fact on the part of the Debtors and the Stynes with respect to any facts alleged in the Motion or in the litigation.
5. The Court shall retain exclusive jurisdiction to resolve any dispute arising from or relating to this Order,