Case No. 02 B 08699 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
September 14, 2004
SECOND ORDER ALLOWING NSC CREDITOR TRUST’S NINETEENTH OMNIBUS OBJECTION TO CERTAIN CLAIMS PURSUANT TO 11 U.S.C. §§ 105(A) AND 502(B) AND FED. R. BANKR. P. 3007
JOHN SQUIRES, Bankruptcy Judge
This matter coming to be heard on NSC Creditor Trust’s Nineteenth Omnibus Objection to Claims Pursuant to 11 U.S.C. §§ 105(a) and 502(b) and Federal Rule of Bankruptcy Procedure 3007, dated June 21, 2004 (the “Objection”) wherein NSC Creditor Trust (the “Trust”) objected to certain claims as outlined in Exhibits A through I to the Objection; it appearing to the Court that (i) it has jurisdiction over the matters raised in the Objection pursuant to 28 U.S.C. §§ 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); (iii) the relief requested in the Objection is in the best interests of the Debtors’ estates, their creditors and other parties in interest; (iv) proper and adequate notice of the Objection and the hearing thereon has been given and that no other or further notice is necessary; and (v) upon the record herein after due deliberation thereon, that the relief should be granted as set forth below,
IT IS HEREBY ORDERED THAT:
1. The following matters are continued for a hearing on October 12, 2004: BP Canada Energy Marketing Corp (Claim No. 4280); Canadian National Railway Co. (Claim
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Nos. 5358, 5436); General Electric Capital Corp. (Claim Nos. 4352, 4412, 4414, 5325); Heller Financial (Claim Nos. 30645, 5324); JFE Steel Corporation (Claim No. 5322); Kelly Services, Inc. (Claim No. 5123); Premier Elkhom Coal Company (Claim No. 4995); and United States Fidelity (Claim No. 4554).
2. The Objection is SUSTAINED and ALLOWED as set forth on the attached Exhibit A, which is incorporated herein.
3. Notwithstanding any other provisions of this Order, the allowance of any of the Claims listed on the attached Exhibit is subject to the Trust’s right to object to such Claim pursuant to 11 U.S.C. § 502(d), and the Debtors and the Trust expressly reserve their rights to prosecute any pending objections to such Claims.
4. This Court shall retain jurisdiction over the Trust and the claimants whose claims are subject to the Objection with respect to any matters related to or arising from the implementation of this Order.
5. This Order is without prejudice to the Trust’s right to object to any other claims in these chapter 11 cases or to further object to claims objected to or allowed herein.
6. This matter constitutes a core proceeding, and this Order is a final order.
7. Notice of the Nineteenth Omnibus Objection is deemed sufficient.
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In re National Steel Corporation, et al., Case No. 02B08699
NSC Creditor Trust’s Nineteenth Omnibus Objection
Exhibit A to Second Order Sustaining Objection to Certain Claims