Opinion
Case No. 01-16034 (AJG) (Confirmed).
October 21, 2005
ORDER GRANTING DEBTORS' OBJECTION TO PROOF OF CLAIM NO. 24578 FILED BY PENNACO ENERGY, INC.
Upon the Reorganized Debtors' Seventieth Omnibus Objection To Proofs of Claim (No Amount Due Per Debtors' Books and Records and Insufficient Proof) filed on December 17, 2004 (the "Omnibus Objection") to proof of claim no. 24578 (the "Claim") of Pennaco Energy, Inc. ("Pennaco"), the Response Of Pennaco Energy, Inc. To The Reorganized Debtors' Seventieth Omnibus Objection To Proofs of Claim (No Amount Due Per Debtors' Books and Records and Insufficient Proof) filed on February 4, 2005 in opposition to the Omnibus Objection, the Supplement Regarding Pennaco Energy, Inc. To Debtors' Seventieth Omnibus Objection To Proofs of Claim (No Amount Due Per Debtors' Books and Records and Insufficient Proof) supplementing the Omnibus Objection (the "Supplemental Objection") filed on May 20, 2005, and the Response of Pennaco Energy, Inc. to the Debtors' Supplement to Debtors' Seventieth Omnibus Objection to Proofs of Claim No Amount Due Per Debtors' Books and Records and Insufficient Proof) in opposition to the Supplemental Objection filed on May 31, 2005, and the letter from Barry J. Dichter dated August 16, 2005 in further support of the Supplemental Objection, and the letter from Barry J. Dichter dated September 29, 2005 in further support of the Supplemental Objection; and the Court having held a hearing on the Supplemental Objection on June 2, 2005; and the Court having issued an Opinion Sustaining Debtors' Objection To Claim Filed By Pennaco Energy, Inc. (Claim No. 24578) dated October 5, 2005, and upon all of the proceedings had before the Court; and after due deliberation, it is
ORDERED, FOUND AND DETERMINED that the proper time to determine the amount of the Claim is as of the day before the Petition Date.