Case No. 02-02474 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 6, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 7459
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Home Federal Bank of Tennessee, Trustee, landlord (the “Landlord”) under the Lease of the property described as Store No. 7459, Farragut, TN; and Kmart Corporation and its affiliates (“Kmart”) having filed an objection to the Lease Rejection Claim; and Home Federal Bank of Tennessee, Trustee, still receiving payments from the mortgagee; and the Court being advised that Landlord and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that the Landlord shall have an allowed Claim in the amount of $1,875.00 payable to Home Federal Bank of Tennessee, Trustee and mailed to Home Federal Bank of Tennessee, 515 Market Street, Knoxville, TN 37902 Attn: Sherry Ellis with respect to Store No. 7459 which shall be paid by Kmart pursuant to Class 7 of the confirmed plan; and it is further
ORDERED that upon entry of this Order, Home Federal Bank of Tennessee, Trustee’s Claim arising out of the lease of Kmart Store No. 7459 in Farragut, TN; shall be deemed satisfied in its entirety; and it is further
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ORDERED that Home Federal Bank of Tennessee, Trustee, and its successors, assigns or designees and all other persons are forever barred from asserting, collecting, or seeking to collect any amounts with respect to Kmart Store No. 7459.
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