Case No. 02-02474 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 6, 2004
William J. Barrett, Barack, Ferrazzano, Kirschbaum, Perlman
Nagelberg LLP, Chicago, IL.
Ruth L. Rowe, Claimant, Carol Stream, IL.
AGREED ORDER RESOLVING CLAIM NUMBER 12133
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the claim filed by Ruth Rowe (the “Claimant”), represented by claim number 12133 (the “Claim”); and Kmart Corporation and its affiliates (“Kmart”) having filed an objection to the Claim; and the Court being advised that Claimant and Kmart have resolved the Claim; and that the Claimant warrants that they have the full legal right to resolved and compromise the Claim and to the knowledge of Claimant, no other interested party has filed any other proofs of claim related to the Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that the Claim shall be allowed as a Class 6 general unsecured non-priority claim in the agreed amount of $30,000.00 (thirty thousand dollars), which shall be satisfied in accordance with the terms of Kmart’s First Amended Joint Plan of Reorganization; and it is further
ORDERED that Claimant and any past, present or future assignee, designee or successor in interest thereto, are forever barred from asserting, collecting, or seeking to collect any claims against Kmart or its successors and assigns relating in any way to the Claim and/or Claimant’s employment or separation of employment and it is further
ORDERED that Claimant and any past, present or future assignee, designee or successor in interest thereto agree to withdraw with prejudice any and all actions, lawsuits or charges pending in any state or federal court or government agency and
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hereby releases Kmart from any and all claims, actions, lawsuits and charges and it is further
ORDERED that, except as otherwise indicated hereinabove, all persons who received notice are forever barred from asserting collecting or seeking to collect any claim or administrative expense amount in addition to the amounts set forth herein.
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