Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee
February 20, 2004
Paul G, Jennings, Phillip G. Young, Jr., BASS, BERRY SIMS PLC, Nashville, TN,
John Wm. Butler, Jr. George N. Panagakis SKADDEN, ARPS, SLATE, MEAGHER FLOW (ILLINOIS), Chicago, IL, for Debtors;
William L, Norton III Boult Cummings Conners Berry PLC, Nashville, TN, for the Claimant,
AGREED ORDER RESOLVING CONTESTED CLAIM NOS. 4185, 5048, 5119, 5120 AND 5251 FILED BY LINCOLN NATIONAL LIFE INSURANCE CO.
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the Omnibus Objections to certain claims (Docket Nos. 7907 and 7908) (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 responses to the Objections (Docket Nos. 7989 and 7991) (the “Responses”), filed by Lincoln National Life Insurance Co. (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 the non-priority portion of Claim Nos. 4185, 5048, 5119, 5120 and 5251 (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 $650,000.00 (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, provided Claimant’s administrative claims related to the Claims will not be affected hereunder.
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.