Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 29, 2004
William J. Barrett, Barack, Ferrazzano, Kirschbaum, Perlman
Nagelberg, Chicago, Illinois, for Kmart Corporation, et al.
Joe M. Haynes Haynes Freeman Goodlettsville, Tennessee, for City of Goodlettsville
AGREED ORDER WITHDRAWING CLAIM NO. 31943 (REF: KMART STORE NO. 7358)
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the claim (the “Claim”) filed by the CITY OF GOODLETTSVILLE (the “City”) relating to a property leased by Kmart under a lease agreement (the “Lease”) with Daniel G. Kamin and described as Store No. 7358, Goodlettsville, Tennessee and referenced as Claim No. 31943; and Kmart Corporation (“Kmart”) having filed an objection to such Claim; and the Court being advised that Landlord and Kmart have resolved the Claim and that Landlord has agreed to withdraw the Claim under the terms set forth below; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that the Claim is withdrawn, but such withdrawal shall be limited to Case No. 02-B02474 and shall be without prejudice to any subsequent bankruptcy filings made by Kmart; and it is further
ORDERED that the withdrawal of the Claim shall not bar the City from asserting a claim against Kmart arising from a default occurring under the Lease subsequent to the May 6, 2003 Effective Date of the First Amended Joint Plan of Reorganization of Kmart Corporation
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and its Affiliated Debtors and Debtors-in-Possession.
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