Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
February 10, 2005
SUSAN SONDERBY, Chief Judge, Bankruptcy
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 7644
Upon consideration of the cure claim (the “Cure Claim”) filed by SLANE COMPANY LTD, (“Landlord”) under the lease (the “Lease”) of the property described as Store No. 7644, Harrison, OH 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 have an allowed Claim for Store No. 7644 in the agreed amount of $53,065.87, of which Landlord and Kmart agree that Kmart has already paid $46,290.14, leaving a balance due of $6,766.73, which amount shall be paid within 10 days of entry of this Order and mailed to 261 W. Johnstown Road, Columbus, OH 43230; 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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