Case No. 02-B02474, (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
July 22, 2003.
John Wm. Butler, Jr., J. Eric Ivester, Mark A. Mcdermott, Skadden, Arps, State, Meagher Flom (Illinois), Chicago, Illinois, Attorney for the Debtors.
Kurt A. Winiecki, Alan K. Mills, Karen L. Kovalsky, Barnes
Thornburg, Indianapolis, Indiana, Attorney for Claimant.
STIPULATION AND AGREED ORDER TEMPORARILY ALLOWING CLAIM OF DOREL JUVENILE GROUP SOLELY FOR THE PURPOSE OF VOTING ON THE FIRST AMENDED JOINT PLAN OF REORGANIZATION OF KMART CORPORATION AND ITS AFFILIATED DEBTORS AND DEBTORS-IN-POSSESSION
SUSAN SONDERBY, Chief Judge, Bankruptcy
Kmart Corporation and certain of its domestic subsidiaries and affiliates, debtors and debtors-in-possession in the above-captioned cases (the “Debtors”) and Dorel Juvenile Group (“Claimant”) hereby agree and stipulate as follows:
WHEREAS, the Debtors filed their First Amended Joint Plan of Reorganization of Kmart Corporation and its Affiliated Debtors and Debtors-In-Possession dated February 25, 2003 (as modified, the “Plan”);
WHEREAS, the Court entered an Order Approving (I) Disclosure Statement; (II) Record Date, Voting Deadline and Procedures for Temporary Allowance of Certain Claims; (III) Procedures for Filing Objections to Plan; (IV) Solicitation Procedures for Confirmation; and (V) Hearing Date to Consider Confirmation of the Plan (Docket No. 8887) (the “Solicitation Procedures Order”) on February 25, 2003;
WHEREAS, pursuant to the Solicitation Procedures Order, eligible voters must return their ballots to Trumbull Bankruptcy Services on or before April 4, 2003;
WHEREAS, Claimant filed a Rule 3018 Motion on March 28, 2003 (Docket No. 9548), seeking temporary allowance of Claim Number 39378, filed by the Claimant on July 30, 2002 (“Claim Number 39378”), for voting purposes only; and
WHEREAS, the Debtors and Claimant wish to enter into an agreement pursuant to Rule 3018 of the Federal Rules of Bankruptcy Procedure temporarily allowing Claim Number 39378 solely for the purpose of voting on the Plan; provided that
ultimate allowance or disallowance of Claim Number 39378 shall remain subject to further objections.
NOW, THEREFORE, the Debtors and the Claimant agree as follows:
1. Claimant shall be temporarily deemed to hold a claim allowable solely for the purpose of voting on the Plan, pursuant to the Solicitation Procedures Order, as a Class 5 Claimholder in the amount of $11,585,490.86 against Kmart Corporation, case number 02-02474.
2. This stipulation is being executed only for the purpose of allowing the Claimant to vote, pursuant to the Solicitation Procedures Order, on the Plan. Nothing herein shall be deemed to be a determination of Claim Number 39378 against the Debtors, or the Debtors’ objection thereto, for any other purpose, including, without limitation, with respect to entitlement to distributions under the Plan, or an admission, release or waiver with respect to Claim Number 39378, including, without limitation, as to the amount, extent, validity or priority of Claim Number 39378.