Case No. 02-13533 (AJG), (Jointly Administered).United States Bankruptcy Court, S.D. New York.
December 7, 2004
STINSON MORRISON HECKER LLP, Kansas City, MO, Attorneys for Debtors and Debtors in Possession Mark A. Shaiken, Esq.
ORDER GRANTING DEBTORS’ OBJECTION TO THE PROOFS OF CLAIM FILED BY RAUL BARBASA (CLAIM NO. 8526) AND NELLY WILCOX (CLAIM NO. 1867)
ARTHUR GONZALEZ, Bankruptcy Judge
Upon consideration of the Debtors’ Objection to the Proofs of Claim filed by Raul Barbasa and Nelly Wilcox (docket no. 12858) (the “Claims Objection”) and the accompanying notice of objection (the “Notice”) filed by MCI, Inc. (formerly known as WorldCom, Inc.) and certain of its direct and indirect subsidiaries, as reorganized debtors (collectively, the “Debtors”), dated October 13, 2004, seeking expungement and disallowance of their respective claims, and good and sufficient notice having been given in accordance with the Claims Objection Procedures Order;[1] the Court ORDERS as follows:
Barbasa Claim
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1. The Claim Objection seeks expungement and disallowance of Claim No. 8526 filed by Raul Barbasa.
2. The proof of claim form and all attachments thereto list Mr. Barbasa’s address as 21814 — 1/2 S. Vermont Ave., Torrance, CA 90502-2111 (the “Address”).
3. Mr. Barbasa was served with the Notice at the Address.
4. The mail containing the Notice was returned to the Debtors’ counsel stating “Return to sender, attempted, not known.”
5. The Debtors have been unable to identify a new address for Mr. Barbasa.
6. Mr. Barbasa has not amended his Claim or filed a notice or other pleading in these cases to reflect a current address.
7. Pursuant to section 6.06 of the Debtors’ Modified Second Amended Joint Plan of Reorganization the Debtors are entitled to rely on the Address set forth in the Claim by the Claimant for service on the Claimant of pleadings related to the Claim, including the Claim Objection. Therefore the Court orders that service of the Notice was proper and Mr. Barbasa has not responded.
Wilcox Claim
8. The Claim Objection seeks expungement and disallowance of the proof of claim Nelly Wilcox, claim no. 1867.
9. Ms. Wilcox received notice of the objection, and has not responded to the objection.
Based on the foregoing, it is hereby
ORDERED that proof of claim number 8526 filed by Raul Barbasa, and proof of claim number 1867 filed by Nelly Wilcox, are each hereby disallowed and expunged in their entirety.
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