In re: NATIONAL STEEL CORPORATION, et al., Chapter 11 Debtors.
Case No. 02 B 08699 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
October 12, 2004
ORDER SUSTAINING NSC CREDITOR TRUST’S TWENTY-THIRD OMNIBUS OBJECTION TO 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 Twenty-Third Omnibus Objection to Claims Pursuant to 11 U.S.C. §§ 105(a) and 502(b) and Fed.R.Bankr.P. 3007, dated August 13, 2004 (the “Objection”) wherein NSC Creditor Trust (the “Trust”)[1] objected to certain claims as outlined inExhibit A to the Objection; it appearing to the Court that (i) it has jurisdiction over the matters raised in the Motion 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:
A. The Objection is SUSTAINED as set forth herein.
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B. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), and Fed.R.Bankr.P. 3007, certain Claims listed on Exhibit A attached hereto shall be reduced, reclassified, and/or disallowed and expunged as indicated therein.
C. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), and Fed.R.Bankr.P. 3007, the Debtor(s) against which certain Claims listed on Exhibit A attached hereto are asserted shall be corrected as indicated therein.
D. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), and Fed.R.Bankr.P. 3007, certain Claims listed on Exhibit A attached hereto shall be fixed at a certain dollar amount as indicated therein.
E. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), and Fed.R.Bankr.P. 3007, each Claim listed on Exhibit B to this Order is continued for status to November 9, 2004 at 8:30 a.m.
F. Notwithstanding any other provisions of this Order, the allowance of any of the Claims listed on Exhibit A attached hereto is subject to the Trust’s right to object to such Claim pursuant to Section 502(d) of the Bankruptcy Code, and the Debtors and the Trust expressly reserve their rights to prosecute any pending objections to such Claims.
G. 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.
H. 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.
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I. This matter constitutes a core proceeding, and this Order is a final order.
J. Notice of the Twenty-Third Omnibus Objection is deemed sufficient.
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IN RE NATIONAL STEEL CORPORATION EXHIBIT A TO 23RD OMNIBUS OBJECTION TO CLAIMS
CREDITOR NAME CLAIM NO. CLAIM AMOUNT ASSERTED CLASS ASSERTED DEBTOR BASIS OF DISPOSITION/
OBJECTION[***] REMAINING CLAIM
B and R Engineering Sales, Inc. 5249 $24,733.58 General Unsecured National Steel D General unsecured
Corporation non-priority claim in
(Delaware) the amount of
$24,733.58 against
National Steel Pellet
Company
Bay Tact Corp. 390 $192.50 General Unsecured Claimant Did Not D General unsecured
Specify Debtor non-priority claim in
the amount of $192.50
against National Steel
Corporation
(Delaware)
Big River Zinc Corporation 5386 $120,216.21* General Claimant Did Not D General unsecured
Unsecured* Specify Debtor non-priority claim in
the amount of
$120,216.21 against
*Reduced to this *Reclassified to National Steel
amount per prior general unsecured Corporation
court order class per prior court (Delaware)
order
Buckeye Reclamation Landfill 2833 Unliquidated Secured National Steel PSS Disallowed
Remedial Action Trust Corporation
(Delaware)
Burch, Pat A/E Samuel Burch 2327 $250,000.00 General Unsecured National Steel PSS Disallowed
Corporation
(Delaware)
Cougar Contracting, Inc. 1211 $2,250.00 General Unsecured National Steel DUP Claim 1211
Corporation disallowed; claim
(Delaware) 5264 remains against
National Steel
Corporation
(Delaware)
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County of Harris/City of Houston 5196 $220,197.73 Secured National Steel PSS Disallowed
Corporation
(Delaware)
County of San Patricio 5209 $25,247.60 Secured National Steel PSS Disallowed
Corporation
(Delaware)
DA Stuart Co. 3384 $698,321.17 General Unsecured Multiple Debtors D General unsecured
non-priority claim in
the amount of
$698,321.17 against
National Steel
Corporation
(Delaware)
Detroit Bulk Storage 5335 Unliquidate General Unsecured National Steel FIX General unsecured
Corporation non-priority claim in
(Delaware) the amount of
$12,750.26 against
National Steel
Corporation
(Delaware)
Ed Henry Concrete Construction 1599 Unliquidated General Unsecured National Steel FIX General unsecured
Maintenance, Inc. Corporation non-priority claim of
(Delaware) in the amount of
*Reclassified to $59,228.00 against
general unsecured National Steel
class per prior court Corporation
order. (Delaware)
Erickson Traux 5234 $2,735.52 General Unsecured National Steel D General unsecured
Corporation non-priority claim in
(Delaware) the amount of
$2,735.52 against
National Steel Pellet
Company
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Falconite Equipment, Inc. 30495 $45,797.20 General Unsecured National Steel PSS Disallowed
Corporation
(Delaware)
Furmanite America Inc. 1269 $692,175.00 Secured Claimant Did Not D, C, PSS Disallowed
Specify Debtor
Icon Mechanical Construction and 3860 $32,644.25 Secured National Steel D, C, PSS Disallowed
Engineering, LLC Corporation
(Delaware)
Main Steel Polishing 115 $23,784.20 General Unsecured Claimant Did Not D, R General unsecured
Specify Debtor non-priority claim in
the amount of
$12,126.20 against
National Steel
Corporation
(Delaware)
McJunkin Corporation 40001 $11,503.33 General Unsecured National Steel DUP Claim 40001
Corporation disallowed; claim
(Delaware) 2227 remains against
National Steel
Corporation
(Delaware)
Metals USA-Flat Rolled-Granite City 4279 $137,080.29 Secured National Steel R, C General unsecured
Corporation non-priority claim in
(Delaware) the amount of
$90,542.23 against
National Steel
Corporation
(Delaware)
Multi-Employer Pension Plan Act 32052 $48,192.00 General Unsecured National Mines PSS Disallowed
Corporation
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North American Refractories Co. 3523 $189,078.14 Multiple Classes National Steel R, C General unsecured
Corporation non-priority claim in
(Delaware) the amount of
$47,328.85 against
National Steel
Corporation
(Delaware)
Northern Balance Scale 5231 $793.00 General Unsecured National Steel DUP Claim 5231
Corporation disallowed; claim 400
(Delaware) remains against
National Steel
Corporation
(Delaware)
Pacesetter Steel Services, Inc. 4517 Unliquidated General Unsecured NSL, Inc. L Disallowed
RCI HV, Inc. 4665 $13,311.00 General Unsecured Granite City Steel D, PSS Disallowed
Company
Ruan Transportation Management 10 $67,282.38 General Unsecured National Steel DUP Disallowed
Corporation
(Delaware)
Schwartz GMBH 2127 $10,680.00 General Unsecured National Steel PSS Disallowed
Corporation
(Delaware)
State of Michigan Department of 31397 $45,497.67 General National Steel R General unsecured
Consumer Ind Services Unsecured* Corporation non-priority claim in
(Delaware) the amount of
$34,497.67 against
*Reclassified to National Steel
general unsecured Corporation
class per prior court (Delaware)
order.
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T H Grinding Co. 3813 $105,540.00 Multiple Classes National Steel C, R General unsecured
Corporation non-priority claim in
(Delaware) the amount of
$100,540.00 against
National Steel
Corporation
(Delaware)
Team Transport, Inc. 5317 $54,889.46 General Unsecured National Steel D General Unsecured
Corporation (New non-priority claim in
York) the amount of
$54,889.46 against
National Steel
Corporation
(Delaware)
Toledo Blank, Inc. 4511 $102,141.65 General Unsecured Great Lakes Steel D, L Disallowed
Corporation
Tri-Star Steel Corp. 31501 $185,684.10 General Unsecured National Steel R General Unsecured
Corporation non-priority claim in
(Delaware) the amount of
$176,297.54 against
National Steel
Corporation
(Delaware)
UMWA Health Retirement Funds 4348 $1,238,569.21 General Unsecured Peter White Coal PSS Disallowed
1950 Pension Plan Mining Corp.
UMWA Health Retirement Funds 4349 $164,358.48 General Unsecured National Mines PSS Disallowed
1974 Pension Plan Corporation
UMWA Health Retirement Funds 4338 $867,680.88 General Unsecured Peter White Coal PSS Disallowed
Combined Benefit Fund Mining Corp.
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Western Lime Corporation 31605 $319,533.08 General Unsecured National Steel R Disallowed
Corporation (pursuant to
(Delaware) preference settlement
agreement)
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Ruan Leasing Company 5437 $141,902.29 Multiple Classes National Steel R, C Continued to
Corporation November 9, 2004
(Delaware)
State of Tennessee Department of 2289 $207.89 Multiple Classes National Steel PSS Continued to
Labor Workforce Development Corporation November 9, 2004
(Delaware)
State of Tennessee Dept of Revenue 212 $3,700.00 Priority National Steel C, R Continued to
Tax Enforcement Division Corporation November 9, 2004
(Delaware)
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