Case No. 399-02649, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee.
January 13, 2004
Paul G. Jennings, Phillip G. Young, BASS, BERRY SIMS PLC, Nashville, TN, for Reorganized Debtors
John Wm. Butler, Jr., George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL, for Reorganized Debtors
John H. Rowland, Baker, Donelson, Bearman Caldwell, Nashville, TN for W/S Brunswick Properties, L.P.
AGREED ORDER REGARDING CLAIM NO. 1167 FILED BY W/S BRUNSWICK PROPERTIES, LP
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the agreement of Service Merchandise Company, Inc. and 31 of its affiliates (collectively, the “Reorganized Debtors”), and W/S Brunswick Properties, L.P. (the “Claimant”); and the Reorganized Debtors and the Claimant having agreed, as signified by the signatures of counsel below, to the treatment of Claim No. 1167 (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 an allowed general prepetition non-priority unsecured claim in the amount of $1,090,000,00 (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.