Case No. 02 B 48191 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
March 18, 2005
ORDER GRANTING THE RELIEF SOUGHT IN THE DEBTORS’ TWENTY-SECOND OMNIBUS OBJECTION TO CLAIMS (SUPERSEDED, REDUCE, NO LIABILITY, REDUNDANT, REDUNDANT BONDHOLDER)
EUGENE WEDOFF, Bankruptcy Judge
Upon the above-captioned debtors’ and debtors in possession’ (collectively, the “Debtors”) Twenty-Second Omnibus Objection[1] seeking entry of an order expunging or reducing Claims in Exhibits A through E (collectively, the “Exhibits”) attached to the Twenty-Second 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’ Twenty-Second Omnibus Objection and no responses thereto having been filed or the Court having sustained the Debtors’ Twenty-Second Omnibus Objection; and due and proper notice of the Debtors’ Twenty-Second 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:
1. Each of the Superseded Claims listed on Exhibit A to this Order is expunged. All exhibits, attachments, and supporting documentation filed with the Superseded
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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.
2. Each of the Reduce Claims listed on Exhibit B to this Order is reduced to the amount set forth on Exhibit B to this Order.
3. The No Liability Claim listed on Exhibit C to this Order is expunged for all purposes.
4. The Redundant Claim listed on Exhibit D to this Order is expunged. All exhibits, attachments, and supporting documentation filed with the Redundant Claim shall be incorporated by reference into the corresponding Surviving Claim listed on Exhibit D
(which Surviving Claim is now held by Van Ness Hotels, Inc. pursuant to that certain Notice of Transfer of Claim filed with the Bankruptcy Court on September 22, 2003 [Docket No. 4043]), and treated as if such documentation was filed in support of the Surviving Claim.
5. Each of the Redundant Bondholder Claims listed on ExhibitE to this Order is expunged for all purposes.
6. 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.
7. The Debtors reserve their rights to object to any Claim listed on the Exhibits to this Order for any reason.
8. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.
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9. 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.
10. All time periods set forth in this Order shall be calculated in accordance with Bankruptcy Rule 9006(a).
Exhibit AEXHIBIT A
Exhibit B
Exhibit C
Exhibit D
Exhibit E