In re Air Cargo, Inc.

Full title: In re: AIR CARGO, INC., Chapter 11, Debtor

Court: United States Bankruptcy Court, D. Maryland, (Baltimore Division)

Date published: Jan 23, 2008

Case No.: 04-37512 (JS) (Bankr. D. Md. Jan. 23, 2008)

Opinion

Case No.: 04-37512 (JS).

January 23, 2008

Stephen F. Fruin, Bar No. 08456, Stephen B. Gerald, Bar No. 26590, Whiteford, Taylor Preston L.L.P., Baltimore, Maryland, Counsel for the Litigation Trustee.

Thomas C. Pavlik, Esquire, Cleveland, Ohio, Counsel for Eagle Freight, Inc.

STIPULATION AND CONSENT ORDER REGARDING PROOFS OF CLAIM OF EAGLE FREIGHT, INC. (Claim Nos. 113 191)

JAMES SCHNEIDER, Bankruptcy Judge

The Air Cargo Inc. Litigation Trust (the "Litigation Trust"), by and through its trustee Martin T. Fletcher (the "Litigation Trustee") and Eagle Freight, Inc. ("Eagle"), 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 March 17, 2005, Eagle filed proof of claim no. 113 ("Claim No. 113"), a general unsecured non-priority claim in the total amount of $10,347.97.

WHEREAS, on or about April 6, 2006, Eagle filed proof of claim no. 191 ("Claim No. 191"), a general unsecured non-priority claim in the total amount of $14,136.67.

WHEREAS, the Litigation Trustee and Eagle agree that Eagle should have an allowed general unsecured non-priority claim in the total amount of $12,732.62.

NOW, THEREFORE, it is, by the United States Bankruptcy Court for the District of Maryland

ORDERED, that Claim No. 191 is reduced and allowed as a general unsecured non-priority claim in the total amount of $12,732.62; and it is further

ORDERED, that Claim no. 113 is hereby withdrawn.

SO ORDERED.