Jointly Administered Under Case No. BK-N-01-31627-GWZ,United States Bankruptcy Court, D. Nevada
March 27, 2003
Winston Strawn, McDonald, Carano, Wilson, LLP, By: Sylvia Harrison, Attorneys for the Plan Committee.
Skadden, Arps, Slate, Meagher Flom LLP, Skadden, Arps, Slate, Meagher Flom (Illinois), Lionel Sawyer Collins, By: Jennifer A. Smith, Attorneys for the Reorganized Debtors.
Zeichner Ellman Krause LLP, Robison, Belaustegui, Sharp
Low, By: Keegan G. Low, Esq., Attorneys for Claimants American Home Assurance Company, et al.
ORDER REGARDING CLAIM OF AMERICAN HOME ASSURANCE COMPANY, ET AL.
GREGG W. ZIVE, United States Bankruptcy Judge
On March 13, 2003, this Court heard the continued hearing on the Reorganized Debtors’ Second Set of Omnibus Objections to Certain Non-Class 7 Administrative, Priority and Secured Claims (Docket No. 4444) relating to the Claim of American Home Assurance Company, et al. (the `Debtors’ Objection’). In the Debtors’ Objection, the Reorganized Debtors objected to the priority status asserted by Claimants American Home Assurance Company, et al. (collectively “AHA”), as to portions of its Claims. Also on March 13, 2003, this Court heard the Plan Committee’s (the “Committee”) Fifth Set of Omnibus Objections To Claims (the “Committee Objection”) (Docket No. 4723). In the Committee Objection, the Committee sought an order disallowing duplicate Claims filed by AHA in this matter. On February 28, 2003, AHA filed a response to both the Debtors’ Objection and Committee Objection (Docket No. 4955).
In its response, AHA conceded that it no longer holds priority unsecured Claims. Additionally, AHA agreed to the disallowance of the various duplicate Claims but requested that Claim no. 6876 be designated as AHA’s surviving Claim.
After reviewing all the pleadings related to the Objections, receiving testimony and evidence submitted by the parties, hearing the arguments of counsel, and good cause appearing therefor;
IT IS HEREBY ORDERED that:
1. Claim no. 6876 shall be designated as AHA’s surviving Claim. Claim nos. 6875, 6877 through 6895, and 6945 though 6995 shall be disallowed as duplicate Claims of Claim no. 6876;
2. Claim no. 6876 shall remain on the claims registry as a general unsecured claim subject to all remaining objections to its allowance held by the Committee and/or Reorganized Debtors; and
3. AHA shall be free to refer to any documents attached to those Claims disallowed as duplicate Claims of Claim 6876 pursuant to this Order in all future proceedings related to Claim no. 6876. Th