Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee, Nashville Division
October 11, 2002
Attorneys for Debtors and Debtors-in-Possession: Paul G. Jennings, Beth A. Dunning BASS, BERRY SIMS PLC, Nashville, TN and John Wm. Butler, Jr., George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER
FLOM (ILLINOIS), Chicago, IL.
AGREED ORDER RESOLVING CONTESTED CLAIM NO. 2937 FILED BY GOLD SIGNATURE INC.
GEORGE C. PAINE II, United States Bankruptcy Judge
Upon the Omnibus Objection to certain claims (Docket No. 6376) (the “Objection”), tiled by 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 the Debtors and Gold Signatures Inc. (the “Claimant”) having agreed, as signified by the signatures of counsel and/or Claimant below, to a resolution of the disputes related to Claim No. 2937 (the “Claim”) filed by the Claimant on the terms set forth in this Agreed Order and any additional terms set forth in the Settlement Letter Agreement between the Debtors and the Claimant dated August 7, 2002; and the Court being otherwise sufficiently advised, it is hereby
ORDERED, ADJUDGED AND DECREED:
1. The Claim shall be and hereby is ALLOWED as a general prepetition non-priority unsecured claim in the amount of $74,032.31 (the “Allowed Amount”) against Service Merchandise Company, Inc. in Case No. 399-02649.
2. The Claim shall be and hereby is DISALLOWED to the extent it exceeds the Allowed Amount.
3. The automatic stay imposed by 11 U.S.C. § 362(a) remains in effect with respect to any and all actions to collect or enforce the claim allowed in 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.
4. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise against the Debtors or their estates.