Opinion
Jointly Administered Under Case No. 02-08915
January 13, 2004
Robert J. Mendes, Robin Bicket White, MENDES GONZALES, PLLC, Tennessee, FOR DEBTORS;
William L. Norton III, Boult Cummings Conner Berry, PLC, Tennessee, FOR C-P PROPERTIES, LTD.
AGREED ORDER RESOLVING DEBTORS' OBJECTION TO PROOF OF CLAIM AND APPLICATION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM OF C-P PROPERTIES, LTD.
This matter having come before the Court for hearing between American HomePatient, et al. (the "Debtors") and C-P Properties, Ltd. ("CPP") upon the Debtors' Objection To Proof Of Claim And Application For Allowance Of Administrative Expense Claim Of C-P Properties, Ltd. (the "Objection", Docket #1874), the Court having considered CPP's original proof of claim and amended proof of claim (together, as the "Proof Of Claim") and CPP's Application for Allowance of Administrative Expense on Behalf of C-P Properties, Ltd. (the "Application", Docket #1708), and the parties having agreed to resolve this matter as set forth herein, it is hereby ordered:
1. The Application is allowed in the amount of $95,000.00. The Debtors shall pay this amount to CPP within 14 days after the date that this Order is entered by the Court.
2. The Proof Of Claim is allowed as an unsecured, nonpriority claim to be treated in Class 8 of the confirmed plan of reorganization (the "Plan") in the amount of $200,000.00. Since the parties agree that the Debtors have already paid $9,889.75 of this amount, the Debtors are required to pay CPP an additional $190,11.0.25 in order to satisfy the allowed amount of the Proof Of Claim. The Debtors shall pay this $190,110.25 to CPP in a manner consistent with the Plan, including Section 4.8 of the Plan.
3. There is a Lease dated March 23, 2003 in effect between the Debtors and CPP (the "2003 Lease"). This Order shall not have any impact upon the 2003 Lease, Moreover, CPP is authorized to continue to hold the Debtors' security deposit in the amount of $14,232.25 in connection with the 2003 Lease in a manner consistent with the 2003 Lease.
4. CPP shall not be entitled to any claims (whether reflected in the Proof Of Claim, the Application, or otherwise) in connection with this substantively consolidated bankruptcy case except as specifically set forth in this Order.