Case No. 02 B 48191 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
November 9, 2004
ORDER GRANTING THE RELIEF SOUGHT IN DEBTORS’ SEVENTEENTH OMNIBUS OBJECTION TO CLAIMS (SUPERSEDED; INSUFFICIENT DOCUMENTATION; NO DOLLAR; REVERT TO SCHEDULE; REDUCE; NO LIABILITY; AIRCRAFT REDUNDANT)
EUGENE WEDOFF, Bankruptcy Judge
Upon the above-captioned debtors’ and debtors in possession’ (collectively, the “Debtors”) Seventeenth Omnibus Objection[1] seeking entry of an order expunging or reducing Claims in Exhibits A through G (collectively, the “Exhibits”) attached to the Seventeenth Omnibus Objection and to this Order; and no previous application for such relief having been made; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. §§ 157 and 1334; and upon consideration of the Debtors’ Seventeenth Omnibus Objection and no responses thereto having been filed or the Court having sustained the Debtors’ Seventeenth Omnibus Objection; and due and proper notice of the Debtors’ Seventeenth Omnibus Objection having been given; and it appearing that no other notice need be given; and after due deliberation and sufficient cause appearing therefor; it is HEREBY ORDERED:
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1. Each of the Superseded Claims listed on Exhibit A to this Order is expunged for all purposes. All exhibits, attachments, and supporting documentation filed with the Superseded Claims shall be incorporated by reference into the corresponding Surviving Claim listed on Exhibit A, and treated as if such documentation was filed in support of the Surviving Claim. The date of filing of each Surviving Claim listed on Exhibit A
shall relate back to the date of filing of the corresponding Superseded Claim.
2. Each of the Insufficient Documentation Claims listed onExhibit B to this Order is expunged for all purposes.
3. Each of the No Dollar Claims listed on Exhibit C to this Order is expunged for all purposes.
4. Each of the Revert to Schedules Claims listed on Exhibit D
to this Order is set at the amount listed in the Debtors’ Schedules and Statements as set forth in Exhibit D to this Order.
5. Each of the Reduce Claims listed on Exhibit E to this Order is reduced to the amount set forth on Exhibit E to this Order.
6. Each of the No Liability Claims listed on Exhibit F to this Order is expunged for all purposes.
7. The Redundant Claim listed in Exhibit G to this Order is expunged for all purposes.
8. The expungement, disallowance, reduction, or reclassification of any claim pursuant to the Seventeenth Omnibus Claims Objection shall be without prejudice to the rights of New Jersey Self-Insurers Guaranty Association and shall not diminish its Claim against
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United Air Lines, Inc.; provided, however, that the Debtors reserve the right to raise future objections with respect to claims filed by New Jersey Self-Insurers Guaranty Association and New Jersey Self-Insurers Guaranty Association reserves all rights with respect to any such objections.
9. The claim of Hypovereinsbank Luxembourg Societe Anonyme, Claim Number 31038, is superseded by Claim Number 43730, and expunged for all purposes. The claim of Kreditanstalt fur Wiederaufbau, Claim Number 31040, is superseded by claim number 43732 and expunged for all purposes. The claim of Norddeutsche Landesbank Girozentrale, Claim Number 31039, is superseded by Claim Number 43731 and expunged for all purposes.
10. Poorman-Douglas, as the Debtors’ notice and claims agent, is hereby authorized and directed to update the Debtors’ Claims register to reflect the expungement or reclassification of Claims directed by this Order.
11. The Debtors reserve their rights to object to any Claim listed on the Exhibits to this Order for any reason.
12. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.
13. Notwithstanding the possible applicability of Bankruptcy Rules 6004(g), 7062, 9014, or otherwise, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry.
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14. All time periods set forth in this Order shall be calculated in accordance with Bankruptcy Rule 9006(a).
[EDITORS’ NOTE: EXHIBIT A IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT B IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT C IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT D IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT E IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT F IS ELECTRONICALLY NON-TRANSFERRABLE.] [EDITORS’ NOTE: EXHIBIT G IS ELECTRONICALLY NON-TRANSFERRABLE.]Page 1