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: Feb 7, 2008

Case No.: 04-37512 (JS) (Bankr. D. Md. Feb. 7, 2008)

Opinion

Case No.: 04-37512 (JS).

February 7, 2008

CONSENTED TO: 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.

C. Brodie Hyde, III, Treasurer, Worldwide Flight Services, Inc., Irving, Texas.

STIPULATION AND CONSENT ORDER REGARDING PROOF OF CLAIM OF WORLDWIDE FLIGHT SERVICES, INC. (Claim No. 119)

JAMES SCHNEIDER, Bankruptcy Judge

The Air Cargo Inc. Litigation Trust (the "Litigation Trust"), by and through its trustee Martin T. Fletcher (the "Litigation Trustee"), by counsel, and Worldwide Flight Services, Inc. ("Worldwide") 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 19, 2005, Worldwide filed proof of claim no. 119 ("Claim No. 119"), a general unsecured non-priority claim in the total amount of $229,987.88.

WHEREAS, on March 26, 2005, Claim No. 119 was erroneously docketed a second time on the Debtor's claims registry as proof of claim no. 146 ("Claim No. 146").

WHEREAS, the Litigation Trustee and Worldwide agree that Claim No. 146 should be allowed and that Claim No. 119 should be disallowed as a duplicative.

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

ORDERED, that Claim No. 146 is hereby allowed as a general unsecured non-priority claim in the total amount of $229,987.88; and it is further

ORDERED, that Claim No. 119 is hereby withdrawn.

SO ORDERED.