Case No. 03-46590 (DML), Jointly Administered.United States Bankruptcy Court, N.D. Texas, Fort Worth Division.
October 27, 2004
White Case LLP, Jason D. Schauer, Counsel for the Debtors.
Law Offices of Joe H. Staley, Jr. Joe H. Staley, Jr., Counsel for the Schrammes.
ORDER SUSTAINING TIER IV OBJECTION TO PROOF OF CLAIM FILED BY WINIFRED AND LARRY SCHRAMME (CLAIM NO. 4761) AND DISALLOWING CLAIM
DENNIS MICHAEL LYNN, Bankruptcy Judge
Upon the “Tier IV Objection to Proof of Claim filed by Winifred and Larry Schramme (Claim No. 4761)” (the “Objection”) filed by Mirant Corporation (“Mirant”) and its affiliated debtors, as debtors and debtors-in-possession (collectively, the “Debtors”), whereby the Debtors objected to Proof of Claim No. 4761 (the “Claim”) filed by Winifred and Larry Schramme (the “Schrammes”) and sought disallowance of the Claim in its entirety; and it appearing that the Debtors and Schrammes have reached an agreement in regard to the Objection, as evidenced by the signatures of their respective representatives below; and it appearing that the Court has jurisdiction over this matter; and it appearing that due notice of the Objection has been provided, and that no other or further notice need be provided; upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY:
ORDERED, that the Objection is SUSTAINED; it is further
ORDERED, that the Claim is disallowed in its entirety and the Schrammes shall have no claim (as defined in 11 U.S.C. § 101(5)) against any of the Debtors or their respective estates; it is further
ORDERED, that neither the disallowed Claim, nor this Order, shall be subject to reconsideration under Bankruptcy Code section 502(j), Federal Rule of Bankruptcy Procedure 3008 or, Rule 60(b) of the Federal Rules of Civil Procedure (made applicable herein pursuant to Federal Rule of Bankruptcy Procedure 9024); it is further
ORDERED, that each party shall bear its own attorneys’ fees and costs in connection with the Claim and the Objection.
IT IS SO ORDERED.