IN RE SERVICE MERCHANDISE COMPANY, INC. (Bankr.M.D.Tenn. 2003)

Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee.
October 27, 2003

John Wm. Butler, Jr., George N. Panagakis SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL, for Debtors and Debtors-in-Possession.

Jennifer Sucher, Chicago, IL, for Heller Financial, Inc.

AGREED ORDER PARTIALLY ALLOWING AND PARTIALLY DISALLOWING CLAIM NO. 905 OF HELLER FINANCIAL, INC.
GEORGE PAINE, Chief Judge, Bankruptcy

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 Heller Financial, Inc. (the “Claimant”), having agreed with respect to the allowable amount of Claim No. 905 (the “Claim”), and it appearing that the agreed relief 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 no other or further notice of the Request, Response, or the entry of this Order need be provided, and upon the entire record herein; and good and sufficient cause appearing therefor,

IT IS HEREBY ORDERED AND DIRECTED AS FOLLOWS:

1. The Claim is ALLOWED in the amount of $873,292.39.

2. The balance of the Request is DISALLOWED with prejudice.

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