Case No. 02-02474 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 25, 2004
ORDER DISALLOWING AND EXPUNGING OR OTHERWISE REDUCING OR RECLASSIFYING CERTAIN CLAIMS SET FORTH IN THE TWENTY-SECOND OMNIBUS OBJECTION (CERTAIN PERSONAL INJURY AND OTHER CLAIMS)
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon the objection (the “Objection”) under 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007 dated May 7, 2004 (the “Motion”), by Kmart Corporation and certain of its subsidiaries and affiliates, former debtors and debtors-in-possession in the above-captioned cases (collectively, “Kmart”); it appearing to the Court that (i) it has jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. § 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); (iii) the relief requested in the Motion is in the best interests of Kmart, their estates and their creditors; (iv) proper and adequate notice of the Motion and the hearing thereon has been given and that no other or further notice is necessary; and (v) upon the record herein after due deliberation thereon, it is hereby
ORDERED that the relief should be granted as set forth below,
1. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each claim listed on Exhibit A and in the row beginning “Claim to Be Disallowed” is disallowed and expunged in its entirety.
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2. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each Claim listed on Exhibits B, C, E, and F is disallowed and expunged in its entirety.
3. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each claim listed on Exhibit D is identified as unliquidated, and as needing to be liquidated through litigation, through the Administrative Personal Injury Procedures or Prepetition Personal Injury Claims Resolution Procedures, as applicable, or otherwise. The claim of Kimberly Simms, claim number 57478, is reclassified as a general unsecured claim.
4. With respect to each claim listed on Exhibits A, B, C,D, E, and F as “Continued,” consideration of the Motion with respect to such claim shall be continued until July 20, 2004.
5. This Order is without prejudice to Kmart’s right to object to any other claims in these Chapter 11 cases or to further object to claims objected to herein.
6. This Court shall retain jurisdiction over Kmart and the Claimants whose Claims are subject to the Objection with respect to any matters related to or arising from implementation of this Order.
Exhibit — A Duplicate Claims
[EDITORS’ NOTE: EXHIBIT A IS ELECTRONICALLY NON-TRANSFERRABLE.]
Exhibit — B Unsupported Claims
[EDITORS’ NOTE: EXHIBIT B IS ELECTRONICALLY NON-TRANSFERRABLE.]
Exhibit — C Late Filed Claims
[EDITORS’ NOTE: EXHIBIT C IS ELECTRONICALLY NON-TRANSFERRABLE.]
Exhibit — D Unliquidated Claims
[EDITORS’ NOTE: EXHIBIT D IS ELECTRONICALLY NON-TRANSFERRABLE.]
Exhibit — E Non Compliant Public Liability Claims
[EDITORS’ NOTE: EXHIBIT E IS ELECTRONICALLY NON-TRANSFERRABLE.]
Exhibit — F Litigation Claims to be Disallowed
[EDITORS’ NOTE: EXHIBIT F IS ELECTRONICALLY NON-TRANSFERRABLE.]