Jointly Administered Under Case No. BK-N-01-31627-GWZUnited States Bankruptcy Court, D. Nevada
February 28, 2002
MURPHY SHENEMAN JULIAN ROGERS, PATRICK A. MURPHY, RANDY ROGERS, TODD J. DRESSEL, San Francisco, CA.
MCDONALD CARANO WILSON MCCUNE, BERGIN FRANKOVICH HICKS LLP, SYLVIA HARRISON, MICHAEL A.T. PAGNI, Reno, NV., Attorneys for the Plan Committee
KEPLEY BROSCIOUS, PLC., WILLIAM A. BROSCIOUS, Richmond, Virginia Attorneys for Creditor CCA Financial, Inc.
STIPULATION AND ORDER CONCERNING PROOFS OF CLAIM NOS. 15634 AND 15635
GREGG W. ZIVE, United States Bankruptcy Judge
CCA Financial, Inc. (“CCA”), and the Plan Committee (the “Committee”) in the Chapter 11 bankruptcy cases of Washington Group international, Inc., et al. (collectively, the “Debtors”), hereby stipulate and agree as follows:
WHEREAS, the Debtors commenced their bankruptcy cases on May 14, 2001;
WHEREAS, Robert L. Berger Associates, LLC (the “Claims Agent”), was designated as the Claims and Noticing Agent for purpose of receiving proofs of claim filed by entities asserting claims against the Debtors;
WHEREAS, CCA has filed proofs of claim against certain of the Debtors;
WHEREAS, the United States Bankruptcy Court for the District of Nevada (the “Bankruptcy Court”) confirmed the Second Amended Joint Plan of Reorganization of Washington Group International, Inc., et al., as modified (the “Plan”), on December 21, 2001;
WHEREAS, pursuant to Section 5.14 of the Plan, the Debtors’ bankruptcy estates are substantively consolidated for distribution purposes;
WHEREAS, pursuant to Section 8.1 of Article VIII of the Plan, the Committee objected to numerous proofs of claim filed against the Debtors pursuant to a Notice of Second Set of Objections to Claims and Second Set of Omnibus Objections to Claims dated February 13, 2002 (the “Omnibus Objection”);
WHEREAS, the Committee objected to the following proof of claim filed by CCA:
Proof of Claim inthe amount of $166,873.03 against Washington Group International, Inc. (Ohio) in Case No. BK-N-01-31628, and designated by the Claims Agent as Claim No. 15635
WHEREAS, the Committee objected to Claim No. 15635 as an alleged duplicate of the proof of claim filed by CCA in the amount of $166,873.03 against Washington Group International, Inc. (Delaware) in Case No. BK-N-01-31627 (designated by the Claims Agent as Claim No. 15634);
WHEREAS, as a result of discussions between CCA and the Committee, the parties have reached an agreement regarding the Claim No. 15635;
NOW, THEREFORE, in accordance with the foregoing, and intending to be legally bound, the parties, by and through their respective undersigned counsel, do hereby agree and stipulate as follows:
1. Claim No. 15635 shall be disallowed as a “duplicate” of Claim No. 15634; provided, however, that Claim No. 15634 shall be deemed filed against both Washington Group International, Inc. (Delaware) in Case No. BK-N-01-31627 and Washington Group International, Inc. (Ohio) in Case No. BK-N-01-31628.
2. This Stipulation may not be altered, amended or modified in any respect except in a writing duly executed by The parties or their respective undersigned counsel. STIPULATED and AGREED: