Case No. 02-B02474 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 29, 2004
Andrew Goldman, Esq., by permission Wilmer Cutler Pickering, New York, New York, Attorney for Kmart Corporation.
Nicole M. Winston, Rowling, Streeter Partipilo, Port Huron, MI, Attorney for Kimberly Cox.
AGREED ORDER BETWEEN KMART AND KIMBERLY COX TO MODIFY AUTOMATIC STAY AND PLAN INJUCTION
SUSAN SONDERBY, Chief Judge, Bankruptcy
This Agreed Order is entered into and submitted to the Court in accordance with the agreement of Kmart Corporation and certain of its subsidiaries, former debtors and debtors-in-possession in the above-captioned cases (collectively, “Kmart”) and Kimberly Cox,
in resolution of Kimberly Cox’s Motion for Relief from the Automatic Stay and for Relief from Article 12.11 of the Kmart’s’ First Amended Joint Plan of Reorganization (Docket No. 21501) (the “Motion”), to a modification of the automatic stay and the plan injunction which became effective as of May 6, 2003, the effective date of the Kmart’s First Amended Joint Plan of Reorganization, pursuant to Article 12.11 thereof and 11 U.S.C. § 524 and 1141 (the “Plan Injunction”) as set forth herein; it appearing to the Court that the relief should be granted,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. Kimberly Cox has exhausted that certain personal injury settlement procedure approved by this Court on July 17, 2002 (Docket No. 4944), as modified on August 29, 2002 (Docket No. 6190).
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2. The automatic stay provision of 11 U.S.C. § 362(a) (the “Automatic Stay”) and the Plan Injunction, with respect to certain litigation styled: Kimberly Cox v. Kmart, Case No. K-00002729-NO, pending in the St. Clair County Circuit Court,State of Michigan (the “Litigation”), in which Kimberly Cox
seeks to establish and liquidate a personal injury claim (the “Claim”), are hereby modified in accordance with the terms set forth in this Agreed Order.
3. The Automatic Stay and the Plan Injunction are partially lifted to permit the Litigation to proceed and continue to a final judgment or settlement.
4. Notwithstanding anything in this Agreed Order to the contrary, the Automatic Stay and the Plan Injunction shall remain in effect with respect to any and all actions by Kimberly Cox
to execute on any final judgment or settlement against Kmart, the Kmart’s estates, the reorganized debtors, or any of their property.
5. Nothing in this Agreed Order shall be deemed an admission of fact on the part of Kmart with respect to the Claim or any facts alleged in the Motion or in the Litigation.
6. This Court shall retain jurisdiction to hear any matters or disputes arising from or relating to this Agreed Order.
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