Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
July 22, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM AND ADMINISTRATIVE CLAIM FOR KMART STORE NUMBER 7517
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) and the administrative claim (the “Administrative Claim”) filed by Ruskin Property Group (the “Claimant”) under the Lease of the property described as Kmart Store Number 7517, Ruskin, Florida; and Kmart Corporation (“Kmart”) having filed objections to the Lease Rejection Claim and the Administrative Claim; and the Court being advised that Claimant and Kmart have resolved the Lease Rejection Claim and Administrative Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Ruskin Property Group shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $98,786.68, which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further
ORDERED that the distributions to be made on account of the Allowed Class 5 Rejection Claim pursuant to the terms of Kmart’s plan of reorganization shall be made to:
a. Company Legal Name the stock will be registered in: Ruskin Property Group
b. Company Tax ID #: 59-2054871
c. Company Contact: David Mandelbaum
d. Company Address: Mandelbaum Mandelbaum, 80 Main Street, West Orange, N.J. 07052-5497
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and it is further
ORDERED that Ruskin Property Group shall have an allowed Administrative Claim in the sum of $5,865.54, which shall be paid by Kmart within 15 days of the date of entry of this Order. Such payment shall be by check payable to Ruskin Property Group, and mailed to David Mandelbaum, Mandelbaum Mandelbaum, 80 Main Street, West Orange, N.J. 07052-5497; and it is further
ORDERED that upon entry of this Order and the completion of all distributions required hereunder, the Lease Rejection Claim and Administrative Claim of Ruskin Property Group arising out of the lease of Store 7517, Ruskin, Florida, shall be deemed satisfied in their entirety; and it is further
ORDERED that, other than in connection with the enforcement of the terms of this order, Ruskin Property Group, and its successors, assigns or designces and all other persons are forever barred from asserting, collecting, or seeking to collect any amounts with respect to Kmart Store Number 7517.