Case No. 02-13533 (AJG), Jointly Administered.United States Bankruptcy Court, S.D. New York.
July 26, 2005
STINSON MORRISON HECKER LLP, Attorneys for Reorganized Debtors Kansas City, MO, Mark A. Shaiken, Esq., Brenda K. Martin, Esq., Douglas Y. Curran, Esq.
FIFTH ORDER GRANTING, IN PART, REORGANIZED DEBTORS’ FORTY-SIXTH OMNIBUS OBJECTION TO PROOFS OF CLAIM (UTILITY AND UTILITY-RELATED CLAIMS)
ARTHUR GONZALEZ, Bankruptcy Judge
The Court has considered the Reorganized Debtors’ Forty-Sixth Omnibus Objection to Proofs of Claim (Utility and Utility-Related Claims) filed by WorldCom, Inc. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the “Reorganized Debtors”), dated October 12, 2004 (the “Objection”). In the Objection, Reorganized Debtors have requested the expungement and disallowance, or the reduction and allowance as general unsecured claims, or the allowance as general unsecured claims of certain claims as set forth in the Objection and the exhibits thereto. It appears to the Court that the allowance as general unsecured claims of the claims listed onExhibit A to this Order is in the best interest of the Debtors, their estates and their creditors, and that good and sufficient notice
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was given in accordance with the Claim Objection Procedures Order.[1] It further appears to the Court that, pursuant to settlement agreement, the Debtors and the Claimant have agreed to the disallowance and expungement of the claim specified onExhibit B hereto. It further appears to the Court that the Debtors have adjourned to August 30, 2005 at 10:00 a.m. EDT their objections to the proofs of claims identified on Exhibit C to this Order, without prejudice. IT IS THEREFORE:
ORDERED that the claims identified on Exhibit A to this Order are hereby allowed as general unsecured claims in the plan classes specified below and in the amounts specified in ExhibitA; it is further
ORDERED that the claim identified in Exhibit B to this Order is disallowed and expunged pursuant to the settlement agreement detailed below; it is further
ORDERED that the Debtors’ objections to the claims identified on Exhibit C to this Order are hereby continued until August 30, 2005 at 10:00 a.m. Eastern Daylight Time, in the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, 5th Floor, New York, New York 10004-1408, and that the Debtors have expressly reserved their right to object to the adjourned claims on Exhibit C; it is further
ORDERED that, pursuant to the agreement reached between the Debtors and Claimant Atlantic City Electric dba Connectiv Power Delivery and Claimant Delmarva Power Light Co. dba Connectiv Power Delivery (the two Claimants collectively, “Connectiv”) on or about April 26, 2005, the following claims shall be allowed as general unsecured claims in Class 4 of the Plan in the amounts stated: claim number 8737 in the amount of $154.04, claim number 8738 for $11,744.17, claim number 8739 for $401.38, claim number 8740 for $316.69, claim number 8741 for $5,651.89, and claim number 8742 for $1,296.33, with credits to be accorded to the
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Debtors for the amount of prior distributions to Connectiv on account of the claims allowed herein; Connectiv’s claim number 367, addressed in to the Reorganized Debtors’ Sixty-Third Omnibus Objection, and claim number 1035, addressed in the Seventy-Sixth Omnibus Objection, shall be expunged, as will be noted in the Order affecting those claims; it is further
ORDERED that, pursuant to the agreement reached between the Debtors and Claimant Public Service Company of New Mexico executed on or about May 9, 2005, the following claims shall be allowed as general unsecured claims in Class 4 of the Plan in the amounts stated: claim number 26578 in the amount of $9,961.70, claim number 26579 for $40,000.00, claim number 26580 for $17,051.66, claim number 26581 for $29,137.00, and claim number 26582 for $600.79; claim number 26577 shall be expunged; it is further
ORDERED that, pursuant to the agreement reached between the Debtors and Claimant Long Island Lighting Co. dba LIPA executed on or about July 15, 2005, the following claims shall be allowed as general unsecured claims in Class 4 of the Plan in the amounts stated: claim number 9092 in the amount of $6,106.14, claim number 9093 for $1,065.27, claim number 9094 for $1,507.79, and claim number 9098 for $530.21; claim number 9097 shall be allowed in the amount of $66,043.93 as a general unsecured claim in Class 6 of the Plan; it is further
ORDERED that, pursuant to the agreement reached between the Debtors and Claimant Georgia Power executed on or about April 13, 2005, claim number 345 is allowed in the amount of $246,809.65 as a general unsecured claim in Class 6 of the Plan; and it is further
ORDERED that, to the extent the Objection, as filed, objects to any proofs of claims not addressed by this Order (the “Remaining Disputed Proofs of Claim”), the Debtors reserve their rights to further prosecute their objections against the Remaining Disputed Proofs of Claim and
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nothing herein shall limit, restrict, or otherwise affect the Debtors’ right to do so.
EXHIBITS A TO C