In re Enron Corp.

Full title: In re ENRON CORP., et al., Chapter 11, Reorganized Debtors

Court: United States Bankruptcy Court, S.D. New York

Date published: May 5, 2005

Case No. 01-16034 (AJG), Jointly Administered (Bankr. S.D.N.Y. May. 5, 2005)

Opinion

Case No. 01-16034 (AJG), Jointly Administered.

May 5, 2005

ORDER GRANTING NINETY-THIRD OMNIBUS OBJECTION TO PROOFS OF CLAIM (EMPLOYEE CLAIMS)

ARTHUR GONZALEZ, Bankruptcy Judge

Upon consideration of the Ninety-Third Omnibus Objection to Proofs of Claim (Employee Claims), dated March 11, 2005 (the "Objection"), filed by Enron Corp. ("ENE"), Garden State Paper Company, LLC ("GSP") and certain of their affiliates each respectively a reorganized debtor in the above captioned cases (collectively, with ENE and GSP, "Enron"), seeking the entry of an order modifying and allowing certain claims and disallowing and expunging certain claims (collectively, the "Claims"), pursuant to section 502(a) of title 11 of the United States Bankruptcy Code (as amended, the "Bankruptcy Code"), as identified on Exhibit A through Exhibit E attached hereto; and it appearing that the modification and allowance or, as applicable, disallowance and expungement of these Claims is in the best interests of Enron, its creditors and all parties in interest; and, pursuant to Rule 3007 of the Federal Rules of Bankruptcy Procedure, good and sufficient notice having been provided to the Office of the United States Trustee for the Southern District of New York, counsel to the Employment-Related Issues Committee, the persons or entities that filed proofs of claim identified on Exhibit A through Exhibit E and their attorneys (if known), and any other parties on Enron's master service list; and it appearing that no other or further notice need be provided; and the Court having reviewed the Objection and having heard the statements of counsel in support of the relief requested therein at a hearing before the Court (the "Hearing"); and the Court having determined that the legal and factual bases set forth in the Objection and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings heard before the Court; and after due deliberation and sufficient cause appearing therefor, it is

ORDERED that, pursuant to section 502(a) of the Bankruptcy Code, the Claims identified on Exhibit A, Exhibit B andExhibit C shall be modified and allowed in the amount set forth in the "Allowed Amount" column as set forth therein; and it is further

ORDERED that, pursuant to section 502(a) of the Bankruptcy Code, the Claims identified on Exhibit D shall be disallowed and expunged in their entirety; and it is further

ORDERED that Enron's objection to the Claim identified onExhibit E shall be withdrawn pursuant to that certain settlement agreement approved by the Order, Pursuant to Section 105(a) of the Bankruptcy Code and Rule 9019 of the Federal Rules of Bankruptcy Procedure, Approving Certain Settlement Agreements Related to Employee Claims, dated April 21, 2005.

Exhibit A Ninety-Third Omnibus Objection Correct Debtor, Reduce Amount and Allow Claim Date Docketed Claimed Allowed Allowed Remaining Amount Claimant Number Filed Sub Basis Legal Entity Amount CC ^_ Legal Entity Amount CC ^fn_ Left To Process CC ^fn_ Total Claims and Amount Filed: 2 $143,382.40 Total Amount Allowed: $86.680.20 Exhibit B Ninety-Third Omnibus Objection Reduce Amount, Reclassify, and Allow Claim Date Docketed Claimed Allowed Allowed Remaining Amount Claimant Number Filed Sub Basis Legal Entity Amount CC ^fn_ Legal Entity Amount CC ^fn_ Left To Process CC ^fn_ Total Claims and Amount Filed: 1 $20,864.00 Total Amount Allowed. $1,043.19 Exhibit C Ninety-Third Omnibus Objection Reclassify and Allow Claim Date Docketed Claimed Allowed Allowed Remaining Amount Claimant Number Filed Sub Basis Legal Entity Amount CC ^fn_ Legal Entity Amount CC ^fn_ Left To Process CC ^fn_ Total Claims and Amount Filed: 1 $47,610.75 Total Amount Allowed: $47,610.75 Exhibit D Ninety-Third Omnibus Objection No Amount Due Claim Date Objected To Remaining Amount Claimant Number Filed Basis Sub Basis Debtors Amount CC ^fn_ Left to Process CC ^fn_ Total Claims and Amount Filed: 3 $198,116.22 Exhibit E Ninety-Third Omnibus Objection Objection Withdrawn, CLaim Resolved Through 9019 Order Claim Date Objected To Remaining Amount Claimant Number Filed Basis Sub Basis Debtors Amount CC ^fn_ Left to Process CC ^fn_ Total Claims and Amount Filed: 1 $148.048.00

_ Classification: S=Secured; P=Priority; U=Unsecured; A=Administrative; ? = Undetermined.

Date: 05/02/2005 Time: 3:48:43 PM BEERE THOMAS 470402 09/18/2002 PRE-PETITION — PAYOUT OVER TIME CORP $33,382.40 P GSP LLC $1,043.19 P N/A EMP NAME: BEERE, THOMAS 9 CONKLIN AVENUE R D #1 STANHOPE, NJ 07874-0000 SACHDEVA, AMAN 910205 10/11/2002 RETENTION BONUS CORP $110,000.00 U INDIA $85,637.01 N/A EMP NAME: SACHDEVA, AMAN 13212 KILBY LNDG CLIFTON, VA 201240960 Date: 05/02/2005 Time: 3:48:09 PM LEACH DAVID B 531300 09/25/2002 PRE-PETITION — PAYOUT OVER TIME GSP LLC $20,864.00 U GSP LLC $1,043.19 P N/A EMP NAME: LEACH, DAVID B 26 DELBARTON COURT HACKETTSTOWN, NJ 07840-0000 Date: 05/02/2005 Time: 3:49:25 PM McKEARY FRANCIS J 530300 09/25/2002 PRE-PETITION — PAYOUT OVER TIME GSP LLC $47,610.75 P GSP LLC $42,960.75 U N/A EMP NAME: McKEARY, FRANCIS J _____________ 232 FONDILLER STREET $47,610.75 RIVER VALE, NJ 07675-0000 Date: 05/02/2005 Time: 3:49:42 PM KOHLI SANDEEP 2009301 10/16/2002 SEVERANCE/SEPARATION PAY PRE-PETITION — PAYOUT OVER TIME CORP $113,961.00 P N/A EMP NAME: KOHLI, SANDEEP 502 EAST 12TH STREET HOUSTON, TX 77008-0000 McGAUGHY BELINDA A 963900 10/11/2002 SEVERANCE/SEPARATION PAY PRE-PETITION — PAYOUT OVER TIME CORP $14,024.42 P N/A EMP NAME McGAUGHY, BELINDA A 603 LEISURE LANE FRIENDSWOOD, TX 77546-0000 SACHDEVA, AMAN 910206 10/11/2002 SEVERANCE/SEPARATION PAY PRE-PETITION — PAYOUT OVER TIME CORP $70,130.80 U N/A EMP NAME: SACHDEVA, AMAN 13212 KILBY LNDG CLIFTON, VA 201240960 Date: 05/02/2005 Time: 3:49:57 PM BISCHAK, MICHAEL 127100 02/26/2002 OTHER UNPAID AMOUNTS EMPLOYEE LITIGATION; EEOC CLAIMS GSP LLC $148,048.00 U N/A EMP NAME: BISCHAK, MICHAEL STRASSER ASSOCIATES, PC 7 E RIDGEWOOD AVE PARAMUS, NJ 076523601