Case No. BK-N-01-31627-GWZUnited States Bankruptcy Court, D. Nevada.
January 27, 2003
Attorneys for Plan Committee, MURPHY SHENEMAN JULIAN ROGERS, PATRICK A. MURPHY, TODD J. DRESSEL, GABRIEL M. BLOCK, San Francisco, CA
MCDONALD CARANO WILSON McCUNE, SYLVIA HARRISON, MICHAEL A.T. PAGNI, Reno, NV
STIPULATION AND ORDER ON CLAIM OF ULTRA SHOTBLASTING LIMITED
GREGG W. ZIVE, United States Bankruptcy Judge
The Plan Committee (the “Committee”) in these Chapter 11 cases of Washington Group International, Inc., et al. (collectively, the “Debtors”), hereby respectfully represents 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, Claimant Ultra Shotblasting Limited (“Ultra Shotblasting”) has filed Claim No. 1399 on or about August 12, 2001, in the amount of £25,888.31 (British Pounds Sterling) 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 8.1 of Article VIII of the Plan, the Committee sought the disallowance of Claim 1399 pursuant to the Negative Notice of Plan Committee’s Objection and Objection to Proof of Claim Filed on Behalf of Ultra Shotblasting Ltd., filed on September 25, 2002 (the “Objection”);
WHEREAS, as a result of documentation subsequently provided by Ultra Shotblasting, the Committee has determined to withdraw the Objection in the interest of avoiding the cost of further litigation.
NOW, THEREFORE, in accordance with the foregoing, and intending to be legally bound, the parties do hereby agree and stipulate as follows:
1) Claim No. 1399 shall be allowed in the full amount of $36,722.57;[1]
and
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:
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