Case No. 302-00979 Jointly Administered.United States Bankruptcy Court, M.D. Tennessee.
March 22, 2005
HARWELL HOWARD HYNE GABBERT MANNER, P.C. Craig V. Gabbert, Jr., Barbara D. Holmes David P. Canas, Tracy M. Lujan Nashville, TN, Counsel for the Reorganized Debtor.
CROCKER NIARHOS, Timothy Niarhos, Nashville, TN, Counsel for Joy Technologies, Inc. dba Joy Mining Machinery.
KEITH LUNDIN, Bankruptcy Judge
AGREED ORDER RESOLVING OBJECTIONS TO CLAIM OF JOY TECHNOLOGIES, INC.
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 claims of Joy Technologies, Inc. dba Joy Mining Machinery (“Joy”) filed in the amounts of $68,546.80; $21,368.10; $386,111.04; $384,358.91; and, $401,190.00 (the “joy Claims”). As evidenced by the signatures of counsel below, the Reorganized Debtor and Joy have agreed to resolve the Reorganized Debtor’s objections to the Joy Claims as follows: Joy’s claims in the amounts of $68,546.80 and $21,368.10 shall be allowed; Joy’s claim in the amount of $386,762.93 shall be allowed in the reduced amount of $296,762.93; Joy agrees to the withdrawal of its claims in the amount of $384,358.91 and $401,900.00.
WHEREAS no other objections to Joy’s claim, or responses to the Reorganized Debtor’s objections thereto, were filed,
IT IS HEREBY ORDERED that Joy’s prepetition claims of $68,546.80 and $21,368.10 are allowed as filed;
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IT IS FURTHER ORDERED that Joy’s prepetition claim in the amount of $386,762.93 shall be allowed in the reduced amount of $296,762.93;
IT IS FURTHER ORDERED that Joy’s prepetition claims in the amounts of $384,358.91 and $401,900.00 shall be disallowed.
IT IS SO ORDERED.
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