Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee
September 12, 2003
John Swain, Esq., Counsel for Claimant.
Paul G. Jennings, Gene L. Humphreys, 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, for Debtors and Debtors-in-Possession.
AGREED ORDER ALLOWING IN PART, DISALLOWING IN PART, AND RECLASSIFYING IN PART THE PRIORITY TAX CLAIM FILED BY THE KENTUCKY REVENUE CABINET
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the Motion of 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”), to enter Agreed Order Allowing in Part, Disallowing in Part, and Reclassifying in Part the Priority Tax Claim Filed by the Kentucky Revenue Cabinet (the “Claimant”); and it appearing by their signatures below that the Debtors and the Claimant have agreed; and it appearing that the relief requested is in the best interest of the Debtors, their estates, creditors and other parties in interest; all parties in interest having been heard or having had the opportunity to be heard; and upon the entire record herein; and good and sufficient cause appearing therefor,
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IT IS HEREBY ORDERED:
1. Claim Number 1537 (the “Claim”) shall be and hereby is ALLOWED as an unsecured priority claim, pursuant to 11 U.S.C. § 507(a)(8), in the amount of $302,242.00 (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. To the extent the Claimant has sent notices of assessment to current or former officers of the Debtors for payment of any taxes owed by any of the Debtors, such notices of assessment are hereby withdrawn, and no person other than the Debtors shall have any liability for any tax liabilities owing by the Debtors to the Claimant.
4. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise against the Debtors or their estates, other than the claim identified in this Agreed Order. Upon payment of the Allowed Amount by the Debtors, the Claim will be deemed paid and will no longer constitute a valid claim in these cases.
5. To the extent the Court’s previous Order partially reclassifying the Claim (Docket Ho. 5625, entered December 12, 2001, hereinafter the “Prior Order”) is inconsistent herewith, the Prior Order is VACATED.
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