Opinion
Case No.: 04-37512 (JS).
January 7, 2008
Stephen B. Gerald, Stephen F. Fruin, Stephen B. Gerald, Whiteford, Taylor Preston L.L.P., Baltimore, Maryland, Counsel for the Litigation Trustee.
Glen H. Tschirgi, Secured Legal Services Group, Columbia, Maryland, Counsel for Swift Transport Co.
STIPULATION AND CONSENT ORDER REGARDING PROOF OF CLAIM OF SWIFT TRANSPORTATION AND LITIGATION TRUSTEE'S OBJECTION THERETO (Claim No. 83)
Martin T. Fletcher, the Litigation Trustee for the bankruptcy estate of Air Cargo, Inc. (the "Litigation Trustee") and Swift Transportation ("Swift"), by their respective counsel, hereby stipulate as follows:
WHEREAS, on December 7, 2004, Air Cargo, Inc., the above-captioned debtor (the "Debtor"), filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code.
WHEREAS, on May 11, 2006, the Court entered an Order (the "Confirmation Order") approving the proposed Joint Disclosure Statement and confirming the Joint Plan of Liquidation (the "Joint Plan").
WHEREAS, on May 26, 2006 (the "Effective Date"), the Joint Plan became effective.
WHEREAS, pursuant to the Joint Plan, Martin T. Fletcher was appointed as the Litigation Trustee to liquidate all assets of the estate, including but not limited to prosecution of all claims of the estate and all claims contributed to the Litigation Trust pursuant to the Joint Plan.
WHEREAS, on or about February 11, 2005, Swift filed proof of claim no. 83 ("Claim No. 83"), a general unsecured non-priority claim in the total amount of $42,743.14.
WHEREAS, on January 23, 2006, the Litigation Trustee filed his First Omnibus Objection to Allowance of Certain Claims (the "Objection"). The Objection objected to, among other claims, Claim No. 83, requesting that it be reduced to a general unsecured non-priority claim in the total amount of $34,310.00.
WHEREAS, the Litigation Trustee and Swift agree that Claim No. 83 should be reduced and allowed as a general unsecured non-priority claim in the total amount of $38,526.57.
NOW, THEREFORE, it is, by the United States Bankruptcy Court for the District of Maryland
ORDERED, that Claim No. 83 is allowed as a general unsecured non-priority claim in the total amount of $38,526.57.
END OR ORDER CERTIFICATION OF COUNSEL
I hereby certify that the terms of the copy of the Stipulation and Consent Order Regarding Proof of Claim of Swift Transportation and Litigation Trustee Objection Thereto, submitted to the Court are identical to those set forth in the original Consent Order; and the signatures represented by the /s/ on this copy reference the signatures of consenting parties on the original Consent Order.