IN RE: PEN HOLDINGS, INC., et al., Chapter 11, Debtors.

Jointly Administered Case No. 302-00979.United States Bankruptcy Court, M.D. Tennessee, Nashville Division.
December 10, 2004

Craig V. Gabbert, Jr. Barbara D. Holmes, David P. Canas, Tracy M. Lujan, Nashville, TN, Counsel for the Reorganized Debtor, HARWELL HOWARD HYNE GABBERT MANNER, P.C.

Margaret L. Behm, Nashville, TN, Counsel for B M Repair, Inc. DODSON, PARKER BEHM, P.C.

AGREED ORDER RESOLVING OBJECTIONS TO CLAIM OF B M REPAIR, INC.
KEITH LUNDIN, Bankruptcy Judge

This case is before the Court on the Objection to Allowance of Claims (Docket #1591) filed by The Elk Horn Coal Company, LLC, the Reorganized Debtor arising out of the above-styled proceedings (the “Reorganized Debtor”), and, more specifically, the Reorganized Debtor’s objections to the general unsecured claim of B M Repair, Inc. in the amount of $65,676.38. As evidenced by the signatures of counsel below, the Reorganized Debtor and B M Repair, Inc. have agreed to resolve the Reorganized Debtor’s objections as follows: B M Repair, Inc.’s claim should be allowed in the reduced amount of $50,676.38. Furthermore, B M Repair, Inc.’s claim in the amount of $77,943.27 is allowed.

WHEREAS no other objections to B M Repair, Inc.’s claim, or responses to the Reorganized Debtor’s objections thereto, were filed,

IT IS HEREBY ORDERED that B M Repair, Inc.’s prepetition claim of $65,676.38 is allowed in the amount of $50,676.38 and B M Repair, Inc.’s $77,943.27 claim is allowed.

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IT IS SO ORDERED.

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