Opinion
Case Nos. 02-6-7576-SD through 02-6-7815-SD, Case Nos. 03-5-3267-SD through 03-5-3282-SD, and Case No. 02-6-7584-SD (Jointly Administered under Case No. 02-6-7584-SD).
May 30, 2008
STIPULATED, AGREED AND CONSENTED TO: Joel I. Sher, Bar No. 0779, Diarmuid F. Gorham, Bar No. 25859, Shapiro Sher Guinot Sandler, Baltimore, MD, Counsel to The PAPPG Grantor Trust.
W.C. Olafsson, Assistant Vice President, Counsel and Assistant Secretary, Wausau Insurance Company, Wausau, WI, Counsel to Wausau Insurance Company.
STIPULATION AND CONSENT ORDER RESOLVING DISPUTE CONCERNING WAUSAU INSURANCE COMPANY'S PROOF OF CLAIM
The PAPPG Grantor Trust (the "Plan Trust"), for itself and on behalf of Baltimore Emergency Services II, LLC, and any and all of its affiliated debtors (collectively, the "Debtors") and Wausau Insurance Company ("Wausau") hereby enter into this Stipulation and Consent Order Resolving Dispute Concerning Wausau Insurance Company's Proof of Claim (the "Stipulation and Consent Order") as follows:
WHEREAS, on or about December 9, 2002, Wausau filed a Proof of Claim against PhyAmerica Physician Group, Inc., one of the Debtors in these bankruptcy cases, alleging an unsecured claim in the amount of $11,569.00 (the "Wausau Claim");
WHEREAS, as a result of a clerical error, the Wausau Claim was not properly listed on the claims register;
WHEREAS, after further communication from Wausau, the Debtors and Wausau conducted informal discovery with respect to the extent and validity of the Wausau Claim; and
WHEREAS, as a result of those discussions, the Plan Trust and Wausau have agreed that the Wausau Claim will be classified as a general unsecured non-priority claim and allowed in the amount of $11,569.00; and
WHEREAS, as a general unsecured non-priority claim the Wausau Claim shall be deemed as a Designated Claim, as that term is defined in the December 29, 2005 Order of this Court Approving Settlement and Compromise of Controversies by and Among the PAPPG Grantor Trust, Dr. Steven M. Scott and NCFE (the "Order"), whereby Wausau is entitled to a payment of 75% of the amount of the Wausau Claim.
NOW THEREFORE, it is, by the United States Bankruptcy Court for the District of Maryland,
ORDERED, that the Wausau Claim is hereby allowed as a general unsecured non-priority claim in the amount of $11,569.00; and it is further
ORDERED, that the Wausau Claim shall be deemed a Designated Claim, as that term is defined in the Order, entitling Wausau to payment in the amount of 75% of the Wausau Claim.