Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee
September 9, 2003
Paul G. Jennings, BASS, BERRY SIMS PLC, Nashville, Tennessee for Debtors and Debtors-in-Possession.
Beth A. Dunning, BASS, BERRY SIMS PLC, Nashville, Tennessee for Debtors and Debtors-in-Possession.
John Wm. Butler, Jr., SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL for Debtors and Debtors-in-Possession.
George N. Panagakis SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL for Debtors and Debtors-in-Possession.
AGREED ORDER RESOLVING CONTESTED CLAIM NO. 2779 LIQUIDITY SOLUTIONS. INC.
GEORGE PAINE, Chief Judge, Bankruptcy
Upon Service Merchandise Company, Inc. (“Service Merchandise”) and 31 of its affiliates (the “Affiliate Debtors”), debtors and debtors-in-possession in the above-captioned cases (Service Merchandise and the Affiliate Debtors collectively, the “Debtors”) and Liquidity Solutions, Inc. (the “Claimant”); having agreed, as signified by the signatures of counsel below, to a resolution of Claim No. 2779 (the “Claim”) on the terms set forth in this Agreed Order; and the court being otherwise sufficiently advised, it is hereby
ORDERED, ADJUDGED AND DECREED:
1. The Claim shall be and hereby is ALLOWED as an allowed general prepetition non-priority unsecured claim in the aggregate amount of $89,061.42 (the: “Allowed Amount”) against Service Merchandise Company, Inc. in Case No. 399-02649.
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2. The Claim shall be and hereby is DISALLOWED to the extent it exceeds the Allowed Amount.
3. All distributions on account of the claim allowed by this Order are governed by the terms of the Debtors’ confirmed chapter 11 plan, and any other actions to collect or enforce the claim allowed hi this Order and/or any other claims against the Debtors or against the assets of the Debtors or any affiliate or insider of the Debtors are prohibited by the plan and confirmation order entered May 13, 2003.
4. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition., administrative, priority or otherwise against the Debtors and the Debtors shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise against the Claimant or their estates with respect to claim No 2779 originally filed by Clay Art and subsequently assigned to Liquidity Solutions.
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