Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee.
October 27, 2003
Paul G. Jennings and Gene L. Humphreys, BASS, BERRY SIMS PLC, Nashville, TN, for Reorganized Debtors
John Wm. Butler, Jr. and George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS) Chicago, IL, for Reorganized Debtors
ORDER DISALLOWING CERTAIN PAID TAX CLAIMS PURSUANT TO 11 U.S.C. § 502(b)
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the Sixth Omnibus Objection dated August 22, 2003 (Docket No. 9071, the “Objection”),[1] filed by Service Merchandise Company, Inc. (“Service Merchandise,” or in reference to itself and its affiliates, the “Reorganized Debtors”), to certain claims as more fully described in the Objection; and the deadline for responding to the Objection having passed; and there having been no responses to the Objection timely filed and served with respect to the Claims identified on Schedule 1
hereto; and it appearing that the relief requested is in the best interests of the Reorganized Debtors, their estates, creditors and other parties in interest, all parties in interest having been heard or having had the opportunity to be heard, it appearing that good and sufficient notice of the Objection having been given in a reasonable opportunity to respond to, or be heard regarding, the relief requested in the Objection has been afforded to any entity known to have an interest in the Claim, and no other or further notice of the Objection or
Page 2
of the entry of this Order need be provided; and upon the entire record herein; and good and sufficient cause appearing thereof,
IT IS ORDERED, ADJUDGED AND DECREED:
1. The Objection is hereby SUSTAINED.
2. Each Claim identified on Schedule 1 was satisfied in full by prior payment by the Debtors and the Debtors and/or Reorganized Debtors have no further liability of any kind with respect to or in connection with the Claims.
3. The Claimants shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise, against the Debtors, Reorganized Debtors or their estates.
Page 3
[EDITORS’ NOTE: THIS PAGE CONTAINED ATTORNEYS NAME]SCHEDULE 1 Schedule of Paid Claims
Page 1