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

Case No. 302-00979 Jointly Administered.United States Bankruptcy Court, M.D. Tennessee.
July 2, 2004

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

AGREED ORDER RESOLVING OBJECTIONS TO CLAIM OF PURCHASE POWER
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 Pitney Bowes Credit Corporation d/b/a Purchase Power (“Purchase Power”) in the amount of $909.00. As evidenced by the signatures below, the Reorganized Debtor and Purchase Power have agreed to resolve the Reorganized Debtor’s objections as follows: the Reorganized Debtor’s objections should be sustained with regard to $527.45 of Purchase Power’s claim; $527.45 of Purchase Power’s claim should be disallowed, and $381.55 should be allowed.

WHEREAS no other objections to Purchase Power’s claim, nor responses to the Reorganized Debtor’s objections thereto, were filed;

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IT IS HEREBY ORDERED that the Reorganized Debtor’s objections are sustained with regard to $527.45 of Purchase Power’s claim and that amount is disallowed; the remainder of Purchase Power’s claim, $381.55, is allowed.

IT IS SO ORDERED.

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