IN RE PEN HOLDINGS, INC. (Bankr.M.D.Tenn. 2005)

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In re: PEN HOLDINGS, INC., et al., Chapter 11, Debtors. THE ELK HORN COAL COMPANY, LLC, Movant, v. A. MARTIN GAMBLE CO., ALVIS MAYNARD, et al., ARNOLD VOHWINKLE, et al., FRANK BLAIR, JOANN JARRELL GOBLE, JAMES EDWARD JARRELL, HATTIE JARRELL, MILES BENTLEY, MAXINE PACK HARLESS, et al., and POCHOHANTAS LAND CORPORATION, Respondents.

Case No. 02-00979, Jointly Administered, Contested Matter(s).United States Bankruptcy Court, M.D. Tennessee, Nashville Division.
January 3, 2005

Randal S. Mashburn, Courtney H. Gilmer, BAKER, DONELSON, BEARMAN, CALDWELL BERKOWITZ, Nashville, Tennessee, Attorneys for Movant and Reorganized Debtor, The Elk Horn Coal Company, LLC. and

William R. O’Bryan, Jr., Candice L. Reed, MILLER MARTIN PLLC, Nashville, Tennessee, Attorneys for Respondent, Miles Bentley, Individually and as Fiduciary of May Bentley Estate.

AGREED ORDER WITHDRAWING CLAIMS OF MILES BENTLEY, INDIVIDUALLY AND AS FIDUCIARY OF MAY BENTLEY ESTATE, AND RESOLVING CONTESTED MATTER(S)
KEITH LUNDIN, Bankruptcy Judge

This matter is before the Court upon the omnibus Objection to Allowance of Claims (“Objection”) (Docket No. 1592), filed by the reorganized debtor. The Elk Horn Coal Company, LLC (“Reorganized Debtor”), on February 13, 2004. It appearing to the Court, as evidenced by the signatures of counsel for the Reorganized Debtor and Miles Bentley, individually and as fiduciary of the May Bentley Estate, that the parties have agreed and stipulated as follows:

1. In settlement of the pending contested matter(s), Miles Bentley, individually and as fiduciary of the May Bentley Estate, hereby withdraws the two (2) Proofs of Claim, in the

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amounts of $428,975.00 and $375,000.00 respectively (collectively, the “Bentley Claims”), that he filed with the Court on March 14, 2002 against the Chapter 11 bankruptcy estate(s) of Pen Holdings, Inc. and its related debtor entities[1] (“Debtors”).

2. Notice of the withdrawal of the Bentley Claims has been given to the Reorganized Debtor, which is sufficient to meet the notice requirements under Rule 3006 of the Federal Rules of Bankruptcy Procedure, since no trustee or creditors’ committee has been appointed or survived confirmation of the Debtors’ plan of reorganization.

3. The Reorganized Debtor does not object to the withdrawal of the Bentley Claims.

4. The withdrawal of the Bentley Claims resolves the above-captioned contested matter(s) currently pending between the Reorganized Debtor and Mr. Bentley. Accordingly,

IT IS SO ORDERED.

[1] There were six (6) interrelated entities that filed bankruptcy, but all have been substantively consolidated and are governed by the Chapter 11 plan confirmed in the consolidated bankruptcy case. Claims relevant to this proceeding may have filed under any or all of the following six (6) names: Pen Holdings, Inc.; Pen Coal Corporation; The Elk Horn Coal Corporation; River Marine Terminals, Inc.; Pen Land Company; and Marine Terminals Incorporated.