Case No. 02 B 08699, (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
October 26, 2004
SIXTH SUPPLEMENTAL ORDER ON DEBTORS’ FIRST OMNIBUS OBJECTION TO ALLEGED RECLAMATION CLAIMS
JOHN SQUIRES, Bankruptcy Judge
This matter came before the Court upon the continued and unresolved claims that were the subject of the First Report On and Omnibus Objection to Alleged Reclamation Claims dated October 17, 2003 (the “Objection”) of National Steel Corporation (“National”) and the other debtors and debtors-in-possession (collectively, the “Debtors”) whose cases were previously jointly administered hereunder, seeking to grant administrative expense priority status to holders of Valid Reclamation Claims[1]
and to disallow or reclassify the balance of the Asserted Reclamation Claims to general unsecured claims, as set forth more fully in the Objection; and upon the Affidavit of Kirk Sobecki (the “Affidavit”) in support of the Objection, a copy of which was attached as Exhibit “C” to the Objection, and the Court having found that each of the grounds for objection set forth on the Reclamation Report (Exhibit “B” to the Objection) represents a valid basis for disallowing or reclassifying the corresponding Asserted Reclamation Claim to a general unsecured claim; and certain reclamation claimants having heretofore filed motions in these cases with respect to the allowance and treatment of claims based upon
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reclamation demands; and certain reclamation claimants having filed or otherwise asserted responses to the Objection; and the Court having jurisdiction to consider and determine the Objection as a core proceeding in accordance with 28 U.S.C. §§ 157 and 1334; and it appearing that the relief requested by the Objection is necessary and in the best interests of the Debtors, their estates, and their creditors; and due notice of the Objection having been provided in accordance with Rule 3007 of the Federal Rules of Bankruptcy Procedure; and it appearing that no other or further notice need be given; and the legal and factual bases set forth in the Objection, the Affidavit, and at the hearing on the Objection having established just cause for the relief herein granted; and sufficient cause appearing therefor,
IT IS HEREBY ORDERED:
A. Any previous orders with respect to the Objection are unaffected by the relief provided herein.
B. The reclamation claim of D.A. Stuart Company, included in Exhibit “B” to the Objection, is DISALLOWED and EXPUNGED in its entirety.
C. Pursuant to the Order Sustaining NSC Creditor Trust’s 23rd Omnibus Objection to Claims Pursuant to 11 U.S.C. §§ 105(a) and 502(b) and Fed.R.Bankr.P. 3007, dated October 12, 2004, D.A. Stuart Company has a general unsecured, non-priority claim against Debtor National Steel Corporation (Delaware), designated claim number 3384, in the amount of $698,321.17.
D. The NSC Creditor Trust’s Motion for Summary Judgment and Related Relief, filed on June 28, 2004, and the related memorandum of law and Local Rule 7056-1 Statement filed contemporaneously therewith, are WITHDRAWN.
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E. This Court shall retain jurisdiction over the Debtors, the Trust and D.A. Stuart Company with respect to any matters arising out of or related to the implementation of this Order.
F. This matter constitutes a core proceeding, and this Order is a final order.