Opinion
Case No. 01-16034 (AJG).
May 18, 2005
Edward A. Smith (ES 2461), New York, New York, CADWALADER, WICKERSHAM TAFT LLP.
Mark C. Ellenberg (ME 6927), Washington, D.C., Special Counsel to the Debtors.
Kenneth I. Schacter (KS 4209), New York, New York, BINGHAM McCUTCHEN LLP, Counsel to Louisiana-Pacific Somoa, Inc.
STIPULATION AND ORDER
WHEREAS, commencing on December 2, 2001 and subsequently thereafter, Enron Corp. and certain of its affiliated entities each filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code;
WHEREAS, on July 15, 2004, this Court confirmed the Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States Bankruptcy Code, dated January 9, 2004, as modified on June 1, 2004 and July 2, 2004 (the "Plan");
WHEREAS, on January 14, 2005, Louisiana-Pacific Somoa, Inc. ("LPS") filed a Motion For Allowance And Payment Of Administrative Expense Claim Pursuant To 11 U.S.C. §§ 503(b) and 507(a) (the "Motion"); and
WHEREAS, in the Motion, LPS sought an administrative expense claim against Enron Power Marketing, Inc. ("EPMI") in the amount of $97,598.00; and
WHEREAS, the parties desire to resolve the Motion.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties and their respective counsel as follows:
1. LPS shall be allowed an administrative expense claim against EPMI in the amount of $97,598.00.
2. Within fifteen days after the entry of this Stipulation and Order, EPMI shall pay to LPS $97,598.00. Payment shall be made by wire transfer pursuant to the wire transfer instructions previously provided by counsel to LPS to counsel for EPMI.
3. This Stipulation sets forth the entire understanding of the parties hereto and is intended to be the complete and exclusive statement of the terms thereof and may not be modified or amended except by a writing signed by all the parties hereto, which shall be so ordered by the Court.