Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee
February 12, 2004
Paul G. Jennings, Phillip G. Young, Jr., BASS, BERRY SIMS PLC, Nashville, TN, for Debtors and Debtors-in-Possession
John Wm. Butler, Jr. George N. Panagakis SKADDEN, ARPS, SLATE, MEAGHER FLOW (ILLINOIS), Chicago, IL, for Debtors and Debtors-in-Possession
John a. Gleason Benesch, Friedlander, Coplan Aronoff LLP, Columbus, Ohio, for the Claimant
AGREED ORDER RESOLVING CONTESTED CLAIM NOS. 4528, 5269 AND 5254 FILED BY DEVELOPERS DIVERSIFIED REALTY CORPORATION
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the Omnibus Objections to certain claims (Docket Nos. 7909 and 9043) (the “Objections”), 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. 9415) (the “Response”), filed by Developers Diversified Realty Corporation (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 Nos. 4528, 5269 and 5254 (the “Claims”) 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 Claims shall be and hereby are ALLOWED as a single general prepetition non-priority unsecured claim in the amount of $189,000.00 (the “Allowed Amount”) against Service Merchandise Company, Inc. in Case No. 399-02649.
2. The Claims shall be and hereby are DISALLOWED to the extent they exceed 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.