Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 17, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 5923 AS TO SUB LEASE OF TAM PHAN, THANG LUU CINDY LUU
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by TAM PHAN, THANG LUU CINDY LUU, sub lessees under the Lease of the property described as Store No. 5923 located in Pittsburgh, California and Kmart Corporation (“Kmart”) having filed an objection to the Lease Rejection Claim; and the Court being advised that landlords and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that TAM PHAN, THANG LUU CINDY LUU shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $100,000.00 which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further
ORDERED that the first distribution to be made on account of the Allowed Class 5 Rejection Claim shall be made at the next Distribution Date pursuant to the terms of Kmart’s plan of reorganization to:
a. ENTITY NAME: Tam Phan
b. TAX I.D. NUMBER 152-84-8409
c. CONTACT PERSON Michael Z, Brownstein, Esq
d. ADDRESS Blank Rome LLP, 405 Lexington Avenue, New York, New York 10174
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and it is further
ORDERED that upon entry of this Order, sub lessees’ claims against or arising out of Store 5923 shall be expunged in their entirety; and it is further
ORDERED that TAM PHAN, THANG LUU CINDY LUU and their successors, assigns or designees, are forever barred from asserting, collecting, or seeking to collect any other claims or amounts with respect to Kmart Store No. 5923.
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