Case No. 02-13533 (AJG) (Jointly Administered).United States Bankruptcy Court, S.D. New York.
December 14, 2004
Mark G. Ledwin, Esq. (ML-6873), Kathleen A. Daly, Esq. (KD-5817), WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER LLP, White Plains, New York, Attorneys for Debtors and Debtors in Possession.
SECOND ORDER CONCERNING DEBTORS’ OBJECTION TO CERTAIN TAX CLAIMS FILED BY OR ON BEHALF OF VARIOUS MISSOURI MUNICIPALITIES [DOCKET NO. 12361]
ARTHUR GONZALEZ, Bankruptcy Judge
Upon consideration of the Debtors’ Objection to Certain Tax Claims Filed by or on Behalf of Various Missouri Municipalities (the “Claims Objection”) and accompanying notices of objection (the “Notices”) filed by WorldCom, Inc. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the “Debtors”), dated September 2, 2004, seeking the expungement and disallowance of certain proofs of claim filed in these cases (the “Missouri Cities’ Claims”) [Docket No. 12361], and good and sufficient notice having been given in accordance with the Claims Objection Procedures Order; and it appearing that the Claims Objection with respect to the Missouri Claims listed on Exhibit A hereto should be adjourned, without prejudice, to January 18, 2005 at 10:00 a.m. EDT because the Debtors and Claimants are in engaged in settlement discussions to resolve those claims; and it appearing that
Page 2
the Debtors and counsel for certain of the Missouri Cities’ Claimants identified on Exhibit B, have settled those claims and as part of their settlement agreement, have further stipulated and agreed that those claims listed on Exhibit B can be expunged from the claims register; and it appearing that the Missouri Cities’ Claimant listed on Exhibit C has defaulted by failing to respond pursuant to the Claims Objection and the Notices and, therefore, the claim listed on Exhibit C hereto should be expunged; and after due consideration and sufficient cause appearing therefore, it is
ORDERED that the proofs of claim listed on Exhibit A hereto are hereby adjourned until January 18, 2005, at 10:00 am EDT, and that the Debtors have expressly reserved their right to object to these adjourned Missouri Cities’ Claims listed on Exhibit A
hereto; and it is further
ORDERED that the proofs of claim listed on Exhibit B hereto are hereby disallowed and expunged in their entirety pursuant to the Stipulation of the Claimant; and it is further
ORDERED that the proof of claim listed on Exhibit C hereto is hereby disallowed and expunged in its entirety; and it is further
ORDERED that, to the extent the Claims Objection, as filed, objects to any proofs of claim not addressed by this Order (the “Remaining Disputed Proofs of Claim”), then the Debtors’ reserve their rights to further prosecute their objections against the Remaining Disputed Proofs of Claim and nothing herein shall limit, restrict, or otherwise affect the Debtors’ right to do so.
Page 3
EXHIBIT A CLAIMS TO BE ADJOURNED TO JANUARY 18, 2005
EXHIBIT B CLAIMS TO BE EXPUNGED PER STIPUATION WITH CLAIMANT
EXHIBIT C CLAIM TO BE EXPUNGED UPON DEFAULT
Page 1