Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
October 15, 2004
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3623
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by U.S. BANK NATIONAL ASSOCIATION (“Landlord”) under the lease (the “Lease”) of the property described as Store No. 3623, Kenai, AK and Kmart Corporation (“Kmart”) having filed an objection to such Claim; and the Court being advised that the Claimant and Kmart have resolved the Cure Claim; and after due deliberation and sufficient cause appearing therefore; it is hereby
ORDERED that the Landlord shall withdraw its Claim for Store No. 3623 and no additional amounts are owed by Kmart; and it is further
ORDERED that Landlord (including any assignees, designees or successors in interest) is forever barred from asserting, collecting, or seeking to collect any amounts which were due and payable by Kmart under the terms of the Lease on or before May 6, 2003.
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