Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee
September 16, 2003
Paul G. Jennings, Beth A. Dunning, BASS, BERKE 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.
John F. Floyd, Nashville, TN and Neil E, Herman, Morgan, Lewis and Bockius LLP, New York, NY, for the Claimant.
AGREED ORDER RESOLVING CONTESTED CLAIM NO. 570 FILED BY KIMCO OF NEW ENGLAND, INC.
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the Omnibus Objection to certain claims (Docket No, 6697) (the “Objection”), filed 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 response to the Objection (Docket No. 6933) (the “Response”), filed by Kimco of New England, Inc. (the “Claimant”); and the Debtors and the Claimant having agreed, as signified by the signatures of counsel below, to a resolution of the disputes related to Claim No. 570 (the “Claim”) filed by the Claimant on the terms set forth in this Agreed Order; and the Court being otherwise sufficiently advised, it is hereby
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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 $475,000.00 (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. 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.
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