Opinion
01-16034 (AJG).
June 13, 2005
ORDER GRANTING DEBTORS' OBJECTION TO PROOF OF CLAIM NO. 15174 FILED BY CITY AND COUNTY OF SAN FRANCISCO
Upon consideration of the Debtors' Objection to Proof of Claim No. 15174 Filed by City and County of San Francisco, dated March 7, 2005 (the "Objection"), seeking the entry of an order disallowing and expunging Proof of Claim No. 15174 (the "San Francisco Claim") in its entirety pursuant to section 502 of Title 11 of the United States Bankruptcy Code (the "Bankruptcy Code"); and the Court having jurisdiction to consider the Objection and the relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334 and pursuant to Section 38.1 of the Supplemental Modified Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States Bankruptcy Code dated as of July 2, 2004; and it appearing that the disallowance and expunction of the San Francisco Claim is in the best interests of Enron Corp. and its affiliated debtors (collectively, the "Debtors"), their estates, creditors and all parties in interest; and it appearing that good and sufficient notice having been provided in accordance with this Court's Second Amended Case Management Order, dated December 17, 2002, and Rule 3007 of the Federal Rules of Bankruptcy Procedure; and it appearing that no 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 had before the Court; and after due deliberation and sufficient cause appearing therefore it is
ORDERED that the Objection is granted in all respects; and it is further
ORDERED that, pursuant to section 502 of the Bankruptcy Code, the San Francisco Claim is hereby disallowed and expunged in its entirety.