Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, E.D..
June 14, 2004
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 4330
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by Joseph Wolf Living Trust, the landlord (the “Landlord”) under the lease (the “Lease”) of the property described as Store No. 4330, Oxnard, CA; and Kmart Corporation (“Kmart”) having filed an objection to such cure claim; and the Court being advised that Landlord and Kmart have resolved the Cure Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Landlord shall have allowed Cure Claim in the agreed amount of $5,246.83. The parties agree that Kmart has already paid $5,246.83 in full satisfaction of the claim; 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 Cure Claim amounts that as of May 6, 2003, were due and payable under the terms of
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the applicable lease relating to Store No. 4330, including, but not limited to, legal fees, costs and expenses relating to Cure Claim disputes.
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