Case No. 02 B 08699 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 17, 2004
ORDER SUSTAINING NSC CREDITOR TRUST’S SEVENTEENTH 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 Seventeenth Omnibus Objection to Claims Pursuant to 11 U.S.C. §§ 105(a) and 502(b) and Fed.R.Bankr.P. 3007, dated June 22, 2004 (the “Objection”) wherein NSC Creditor Trust (the “Trust”)[1] objected to certain claims as outlined inExhibits A through G 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.
B. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), and Fed.R.Bankr.P. 3007, each claim listed on Exhibits A and G attached hereto shall be reclassified as indicated therein.
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C. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), and Fed.R.Bankr.P. 3007, each claim listed on Exhibits B and E attached hereto shall be disallowed and expunged in its entirety.
D. Pursuant to 11 U.S.C. §§ 105(a) and 502(b) and Fed.R.Bankr.P. 3007, each claim listed on Exhibits C and D as “Claims to be Disallowed” shall be disallowed and expunged in their entirety.
E. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), and Fed.R.Bankr.P. 3007, each of the claims listed on Exhibit F shall be reduced to the amount designated in the column titled “Remaining Claim” and shall be classified as that class designated in the column titled “Remaining Claim.”
F. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), and Fed.R.Bankr.P. 3007, each of the claims listed on Exhibit H shall be continued for status to September 14, 2004 at 8:30 a.m.
G. Notwithstanding any other provisions of this Order, each of the Claims listed on Exhibit A, B, C, E, F, G or H 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.
H. 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.
I. 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.
J. This matter constitutes a core proceeding, and this Order is a final order.
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K. Notice of the Seventeenth Omnibus Objection is deemed sufficient.
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EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
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EXHIBIT E
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EXHIBIT F
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EXHIBIT G
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EXHIBIT H