Case No. 02-B02474 Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
November 21, 2003
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3126
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by ATMF IX, LLC., landlord (the “Landlord”) under the lease (the “Lease”) of the property described as Store No. 3126, Utica, Michigan and Kmart Corporation (“Kmart”) having filed an objection to such cure claim; and the Court being advised that Landlord and Kmart have resolved the Cure Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Landlord shall have allowed Cure Claim in the agreed amount of $20,282.71. Kmart shall pay Landlord the agreed amount of $20,282.71 representing the unpaid balance of the Cure Claim within ten (10) days of the date of entry of this Order. Payment shall be sent to Landlord c/o Sheryl L. Toby, Honigman Miller, 2290 First National Building, Detroit, Michigan 48226-3583.
ORDERED that Landlord (including any assignees, designees or successors in interest) is forever barred from asserting, collecting or seeking to collect any Cure Claim amounts that were due and payable under the terms of the applicable lease relating to Store No. 3126, including, but not limited to, legal fees, costs and expenses relating to Cure Claim disputes.