Opinion
Case No. 01-16034 (AJG) Jointly Administered Contested Matter.
August 5, 2005
WYMAN-GORDON FORGING, INC., Philip Van Der Weele (PV-510635), PRESTON GATES ELLIS, LLP, Portland, OR.
ENRON CORP., EPC ESTATE SERVICES, INC., Andrew M. Troop (pro hac vice), WEIL, GOTSHAL MANGES LLP, Boston, Massachusetts.
STIPULATION AND ORDER ALLOWING CLAIM OF WYMAN-GORDON FORGINGS, INC. (CLAIM NO. 15203)
WHEREAS, on May 22, 2002, Enron EPC Estate Services, Inc. (f/k/a National Energy Production Corporation ("NEPCO")) commenced a voluntary case under chapter 11 of title 11 of the United States Code;
WHEREAS, October 15, 2002, Wyman-Gordon Forging, Inc. ("Wyman-Gordon") filed proof of claim no. 15203 ("Claim No. 15203") against NEPCO;
WHEREAS, NEPCO's chapter 11 case has been jointly administered with the chapter 11 cases of Enron Corp. and its affiliated debtors (collectively, the "Debtors");
WHEREAS, by order, dated July 15, 2004, this Court confirmed the Debtors' Supplemental Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States Bankruptcy Code, dated July 2, 2004 (the "Plan");
WHEREAS, on November 12, 2005, Enron Corp. and NEPCO filed an objection (the "Objection") to the claims of Calpine Corporation ("Calpine") and certain subcontractors, including Claim No. 15203 [Docket #21922];
WHEREAS, no response to the Objection to Claim No. 15203 was filed other than the response of Calpine, dated January 31, 2005 [Docket #23276];
WHEREAS, Calpine and NEPCO subsequently entered into the Stipulation and Order Resolving Claims of Calpine Corporation and Specified Subcontractor Claims (the "Calpine Stipulation"), which was entered by the Court on June 13, 2005 [Docket #26114];
WHEREAS, pursuant to the Calpine Stipulation, Calpine's asserted interest in Claim No. 15203 was disallowed;
WHEREAS, on July 19, 2005, NEPCO noticed for presentment a proposed order expunging Claim No. 15203 [Docket # 26622];
WHEREAS, on July 27, 2005, Wyman-Gordon objected to the presentment of the proposed order expunging Claim No. 15203 [Docket # 26726];
WHEREAS, NEPCO and Wyman-Gordon have since reached an agreement respecting the treatment of Claim No. 15203, which recognizes both Wyman-Gordon's continuing interest in Claim No. 15203 and the amount of that claim; and
WHEREAS, NEPCO and Wyman-Gordon thus wish to stipulate to the allowed amount and classification of Claim No. 15203, thereby avoiding cost and expense and the uncertainties of litigation.
NOW, THEREFORE, it is hereby AGREED and ORDERED that:
1. Claim No. 15203 is allowed as a class 67 claim under the Plan in the amount of $32,158.18.
2. The appropriate parties in this case shall take the actions necessary to reflect the allowance of Claim No. 15203 no sooner than ten (10) days after the entry of this Stipulation as an order of the Court.
So Ordered.