Case No. 399-02649 Jointly Administered.United States Bankruptcy Court, M.D. Tennessee, Nashville Division.
October 8, 2004
Phillip G. Young, Paul G. Jennings, Phillip G. Young, Jr., BASS, BERRY SIMS PLC, Nashville, TN, and John Wm. Butler, Jr., George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL, Attorneys for Debtors and Debtors-in-Possession.
Glenn M. Reisman, Glenn M. Reisman, Two Corporate Drive Shelton, CT, Attorneys for Claimant.
AGREED ORDER RESOLVING CONTESTED CLAIM NO. 5050 FILED BY SES-AMERICOM, INC.
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the Omnibus Objection to certain claims (the “Objection”), filed by Service Merchandise Company, Inc. (“Service Merchandise”) and 31 of its affiliates (the “Affiliate Debtors”), reorganized debtors in the above-captioned cases (Service Merchandise and the Affiliate Debtors collectively, the “Reorganized Debtors”); and the Response to the Objection (Docket No. 9215) (the “Response”) filed by SES-Americom, Inc. (the “Claimant”); and the Reorganized Debtors and the Claimant having agreed, as signified by the signatures of counsel below to a resolution of the disputes related to Claim No. 5050 (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 genera unsecured claim in the amount of $177,400.00 (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. All distributions on account of the claim allowed by this Order are governed by the terms of the Reorganized Debtors’ confirmed chapter 11 plan, and any other actions to collect or enforce the claim allowed in the Order and/or any other claims against the Reorganized Debtors or against the assets of the Reorganized Debtors or any affiliate or insider of the Reorganized Debtors are prohibited by the plan and confirmation order entered May 13, 2003.
4. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority, or otherwise against the Reorganized Debtors or their estates.
5. The Reorganized Debtors hereby release any and all claims and/or causes of action that have been or could be filed against the Claimant in these bankruptcy cases.