Case No. 02-13533, Jointly Administered.United States Bankruptcy Court, S.D. New York.
April 6, 2005
David A. Handzo, Jenner Block LLP, Washington, DC, Attorneys for Reorganized Debtors.
Tracy L. Klestadt, Klestadt Winters, LLP, New York, New York, Attorneys for JPMorgan Chase Bank, National Association.
STIPULATION AND ORDER REGARDING PROOF OF CLAIMS OF JPMORGAN CHASE BANK
ARTHUR GONZALEZ, Bankruptcy Judge
MCI, Inc. (formerly WorldCom, Inc.) and certain of its direct and indirect subsidiaries, each reorganized debtors in the above-captioned cases (collectively “MCI” or the “Reorganized Debtors”) and JPMorgan Chase Bank, National Association, (“JPMorgan Chase”), hereby stipulate and agree as follows:
WHEREAS, on July 21, 2002 (the “Commencement Date”) and November 8, 2002, WorldCom, Inc. and certain of its direct and indirect subsidiaries (the “Debtors”) commenced cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). By Orders, dated July 22, 2002 and November 12, 2002, these chapter 11 cases were consolidated for procedural purposes. During the chapter 11 cases, the Debtors operated their businesses and managed their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code; and
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WHEREAS, on October 31, 2003, this Court entered an order confirming the Debtors’ Modified Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (the “Plan”); and
WHEREAS, on April 20, 2004, the Plan became effective in accordance with its terms, and pursuant to the Plan, WorldCom, Inc. merged with and into MCI, Inc. with MCI, Inc. being the survivor; and
WHEREAS, JPMorgan Chase timely filed an amended Proof of Claim No. 36018 in the Chapter 11 Cases (the “Claim”); and
WHEREAS, MCI timely objected to the Claim on October 15, 2004; and
WHEREAS, MCI and JPMorgan Chase have sought to reconcile their disputes arising out of the Claim; and
WHEREAS, as a result of such efforts and the compromises and settlements reflected in the Settlement Agreement attached as Exhibit A to this Stipulation, MCI and JPMorgan Chase have resolved all such disputes;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between MCI and JPMorgan Chase that the JPMorgan Chase Claim, and MCI’s Objection to that Claim, are hereby resolved pursuant to the terms of the attached Settlement Agreement.
SO ORDERED.