Case No. BK-N-01-31627-GWZ, Jointly Administered UnderUnited States Bankruptcy Court, D. Nevada.
June 12, 2003
PATRICK A. MURPHY (S.B. NO. 38832), TODD J. DRESSEL (S.B. NO. 220812), JOHN R. STEVENSON (S.B. NO. 221318), WINSTON STRAWN, San Francisco, CA; SYLVIA HARRISON (NV S.B. No. 4106), McDONALD CARANO WILSON LLP, Reno, NV, Attorneys for PLAN COMMITTEE.
Patrick D. Sullivan, HOOVER SLOVACEK, LLP, Houston, Texas, Attorneys for VAN LEEUWEN PIPE AND TUBE CORPORATION.
Jennifer A. Smith, Esq., SKADDEN, ARPS, SLATE, MEAGHER FLOM LLP, LIONEL SAWYER COLLINS, Reno, NV, Counsel for the REORGANIZED DEBTORS.
STIPULATED ORDER REGARDING CLAIMS OF VAN LEEUWEN PIPE AND TUBE CORPORATION (CLAIM NOS. 6831, 6832 14409)
GREGG ZIVE, Chief Judge, Bankruptcy
The Plan Committee (the “Committee”) in these Chapter 11 Bankruptcy cases of Washington Group International, et al. (the “Reorganized Debtors”), the Reorganized Debtors and Van Leeuwen Pipe and Tube Corporation (“Van Leeuwen”), by and through their undersigned counsel, hereby Stipulate and Agree and this Court hereby Finds and Orders as follows:
WHEREAS, on August 24, 2001, Van Leenwen filed three proofs of claim against the Reorganized Debtors, Claim No. 6831 in the amount of $47,527.76, Claim No. 6832 in the amount of $61,245.43 and Claim No. 14409 in the amount of $13,672.67. (collectively the “Van Leeuwen Claims”);
WHEREAS, on March 31, 2003, the Committee filed its Objection to Claim Nos. 6831 and 6831 (the “Committee Objection”);
WHEREAS, on March 31, 2003, the Reorganized Debtors filed a Motion to Allow Certain Proofs of Claim, including Claim No. 14409 (the “Debtors’ Motion”);
WHEREAS, subsequent to filing the Committee Objection and Debtors’ Motion, Van Leeuwen has consented to the reduction of all the Van Leeuwen Claims to $5,000; and
WHEREAS, the parties desire, and by this stipulation intend, to resolve and settle all existing and future differences and disputes among them relating to the Van Leeuwen Claims the Committee Objection and the Debtors’ Motion.
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. The parties agree that Claim Nos. 6831 and 6832 shall be deemed amended and superceded by Claim No. 14409;
2. Claim No. 14409 shall be the sole surviving claim of Van Leeuwen and shall be an Allowed Class 7(a) Claim in the reduced amount of $5,000;
3. Upon entry of this Stipulated Order by the Court, the Committee Objection shall be deemed withdrawn; and
4. Upon entry of this Stipulated Order by the Court, the Debtors’ Motion shall be deemed withdrawn.
STIPULATED and AGREED.
SO ORDERED.