Opinion
Case Nos. 01-41593-293 #1486 4/18.
April 26, 2005
SCOTT PELTZ, AS CHAPTER 11 PLAN ADMINISTRATOR OF THE ESTATE OF BIS ADMINISTRATION, INC., Michael J. Small (IL Bar No. 6207645), Cynthia A. Fonner (IL Bar No. 6210653), FOLEY LARDNER LLP, Chicago, Illinois, One of His Attorneys.
NOTICE OF COMPROMISE OF CLAIMS OF THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF REVENUE
Scott Peltz, as Chapter 11 Plan Administrator for BIS Administration, Inc., f/k/a Bridge Information Systems, Inc., et al., (the "Plan Administrator") by and through his attorneys, hereby notices the settlement and compromise of claims of the Commonwealth of Massachusetts Department of Revenue Services ("Massachusetts") (together with the Plan Administrator, the "Parties"), and states as follows:
1. On February 15, 2001, BIS Administration, Inc. and certain of its subsidiaries (collectively, the "Debtors") filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the Eastern District of Missouri, Eastern Division (the "Bankruptcy Court").
2. In accordance with Section 8.03 of the Second Amended Joint Plan of Liquidation ("the Plan"), as confirmed by order of the Bankruptcy Court, and Section 1.2 of the Plan Administrator Agreement, the Plan Administrator may settle, compromise or otherwise resolve any Disputed Claim without approval of the Bankruptcy Court.
3. On August 6, 2001, Massachusetts filed claim number 1673, asserting a claim in the amount of $97,756.42, which was subsequently amended by proof of claim number 1848 in the amount of $94,300.42, filed by Massachusetts on February 19, 2002.
4. On February 7, 2003, the Plan Administrator filed an Omnibus Objection to Tax Claims (the "Objection").
5. The Parties have entered into a settlement agreement, following arms-length negotiation, in which the Plan Administrator will agree to allowance of Claim Number 1848 as an unsecured priority claim in the amount of $47,150.21 against Debtor Bridge Information Systems America, Inc., Case No. 01-41593-293.
THEREFORE, the Claims and the related Objection are resolved, under the terms set forth herein.
SO ORDERED.
1. Claim No. 1848 shall be allowed in the amount of $47,150.21 against Debtor Bridge Information Systems America, Inc., Case No. 01-41593-293, such claim to be paid on the first date subsequent to the execution date of the Settlement on which priority claims are paid.
2. All other claims asserted by one party against the other party shall be withdrawn.
3. All claims asserted by one party against the other party shall be withdrawn. DISTRIBUTION LIST FOR ORDER GRANTING NOTICE OF COMPROMISE OF CLAIMS OF THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF REVENUE th
Terry Reicher Sankar Krishnan National Association of Securities Dealers, Inc. Alvarez and Marsal 1735 K Street, N.W. 599 Lexington Ave., Suite 2700 Washington D.C. 20006 New York, NY 10022 Alex Moglia Scott P. Peltz Alex D. Moglia Associates, Inc. Plan Administrator 1325 Remington Road, Suite H American Express Tax and Business Services, Schaumburg, IL 60173 Inc. 1 South Wacker Drive, Suite 800 Chicago, Illinois 60606 Dana McWay Sam Ory Clerk of the U.S. Bankruptcy Court Skadden, Arps, Slate, Meagher Flom, LLP For the Eastern District of Missouri 333 West Wacker Drive Thomas F. Eagleton U.S. Courthouse Chicago, Illinois 60606 111 South Tenth Street, 4 Floor St. Louis, Missouri 63102 Gregory D. Willard Michael J. Small Lloyd A. Palans Cynthia A. Fonner David M. Unseth Foley Lardner LLP Bryan Cave LLP 321 North Clark, Suite 2800 One Metropolitan Square Chicago, Illinois 60610 211 North Broadway, Suite 3600-BIS St. Louis, Missouri 63102 Commonwealth of Massachusetts c/o Stephen G. Murphy Commonwealth of Massachusetts Department of Revenue Litigation Bureau 100 Cambridge Street PO Box 9565 Boston, MA 02114