Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 14, 2005
AGREED ORDER RESOLVING ADMINISTRATIVE CLAIM FOR KMART STORE NO 4811.
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the Administrative claim (the “Administrative Claim”) filed by the Owner Trustee, U.S. Bank National Association, (the “Owner Trustee”) under the lease (the “Lease”) for the property described as Kmart Store No. 4811 in Moorpark, California, and Kmart Corporation (“Kmart”) having filed an objection to such Administrative Claim; and the Court being advised that the Landlord and Kmart have resolved the Administrative Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that the Owner Trustee shall have an allowed Administrative Claim for Store No. 4811 in the agreed amount of $10,000.00, none of which has been paid. Kmart shall pay sum of $10,000.00 to Landlord within 10 days of entry of this Order; and it is further
ORDERED, that Kmart shall make its remittance payable to RETRAM, INC. c/o Dana Commercial Credit Corporation, Michelle Gaerke, 6201 Trust Drive, Holland, Ohio 43528;
Page 2
and it is further
ORDERED that the Owner Trustee, its successors and assigns, are forever barred from asserting collecting, or seeking to collect any Administrative amounts which were due and owing as of May 6, 2003 in addition to the Administrative Claims with respect to the Lease relating to Kmart Store No. 4811.
Page 1