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 6, 2005

Case No. 01-16034 (AJG) Jointly Administered (Bankr. S.D.N.Y. May. 6, 2005)

Opinion

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

May 6, 2005

THIRD SUPPLEMENTAL ORDER GRANTING REORGANIZED DEBTORS' SEVENTIETH OMNIBUS OBJECTION TO PROOFS OF CLAIM (NO AMOUNT DUE PER DEBTORS' BOOKS AND RECORDS AND INSUFFICIENT PROOF)

ARTHUR GONZALEZ, Bankruptcy Judge

Upon consideration of the Reorganized Debtors' Seventieth Omnibus Objection to Proofs of Claim, dated December 17, 2004 (the "Objection"), seeking the entry of an order disallowing and expunging certain claims (the "Claims") pursuant to section 502(a) of title 11 of the United States Bankruptcy Code (the "Bankruptcy Code"), as identified on Exhibit A and Exhibit B attached to the Order; and it appearing that the modification and allowance of these Claims is in the best interests of the Reorganized Debtors, their 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 onExhibit A and Exhibit B and their attorneys (if known) attached to the Order, and any other parties on the 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 had 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to section 502(a) of the Bankruptcy Code the Claim identified on Exhibit A to this Order shall be disallowed and withdrawn as to Enron Energy Services, Inc.; and it is further

ORDERED that pursuant to section 105 of the Bankruptcy Code and Rule 9019 of the Bankruptcy Rules, the Letter Agreement summarized on Exhibit A and attached in full as Exhibit B, which documents the compromise and settlement of the claims subject thereto, is hereby approved in its entirety.

EXHIBIT A Seventieth Omnibus Objection

EXHIBIT A Seventieth Omnibus Objection (Disallowed and Withdrawn)

---------------------------------------------------------------------------------------------------- Claimant Information Claim Debtor Claim Amount of Claim Claim Class Number Filed Against As Filed As Filed ---------------------------------------------------------------------------------------------------- DOMINATE FOOD SERVICES, L.P. 9185 EES, INC $46,861.20 U C/O DANIEL P. SIMPSON, ESQ. NEWMAN SIMPSON, LLP 32 MERCER STREET HACKENSACK, NJ 07601 ----------------------------------------------------------------------------------------------------

EXHIBIT B Seventieth Omnibus Objection

Enron Energy Services, Inc. Four Houston Center 1221 Lamar, Suite 1600 Houston, Texas 77010

FOR SETTLEMENT PURPOSES ONLY SUBJECT TO FEDERAL RULES OF EVIDENCE 408 AND NEW YORK CIVIL PRACTICE LAW AND RULES § 5447 February 9, 2005

VIA OVERNIGHT DELIVERY AND FAX (201) 487-8570 Proof of Claim: Debtor: Creditor:

Dominate Food Services, L.P. c/o Newman Simpson LLP 32 Mercer Street Hackensack, NJ 07601 Attn: Daniel P. Simpson, Esq. Re: #9185 in the amount of $46,861.20 (the "Proof of Claim") Enron Energy Services, Inc. ("EESI") Dominate Food Services, L.P. ("Creditor") Ladies and Gentlemen:

On December 2, 2001, Enron Corp. and certain affiliated entities (the "Debtors") filed voluntary petitions for relief under Chapter 11 of Title 11 of the United States Code, as amended, in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"). On October 11, 2002. Creditor filed the above-referenced Proof of Claim with the Bankruptcy Court.

Subject to Bankruptcy Court approval of this Letter Agreement, EESI and Dominate Food Services, L.P. now agree that (i) the Proof of Claim shall be disallowed and withdrawn with respect to EESI and (ii) EESI waives and releases Creditor from any and all amounts owed by Creditor to EESI pursuant to the Electric Energy Sales Services Agreement dated as of 2^nd March 2001 by and between EESI and Creditor, as amended; the Enovative Lite Energy Services Agreement dated as of August 28, 2001 by and between EESI and Creditor, as amended, for facilities behind PSEG: and the Enovative Lite Energy Services Agreement dated as of August 28, 2001 by and between EESI and Creditor, as amended, for facilities behind Elizabethtown Gas.

The foregoing described treatment of the Proof of Claim resolves all issues and disputes with respect to the Proof of Claim and all claims and causes of action against EESI which Dominate Food Services. L.P. has or may have arising from or related to any contract or agreement described or referenced in the Proof of Claim or any substantiation thereof. The respective balance of the Proof of Claim, including without limitation, any unliquidated, contingent or disputed portion of such balance shall be disallowed. The preceding amount resolves the Proof of Claim in its entirety.

Natural gas, Electricity, Endless possibilities.

If this Letter Agreement is acceptable to you, please so indicate by signing the two (2) enclosed copies of this Letter Agreement, retaining one for your files, and returning one by fax to Scott Mills at fax number 713-646-5745 and by overnight mail within ten (10) business days to the following address:

Scott Mills Enron Energy Services, Inc. Four Houston Center 1221 Lamar, Suite 1600 Houston, TX 77010

If you have any questions about this matter, please call Scott Mills at (713) 853-3548.

Please be advised that nothing contained herein shall have the effect of limiting the rights of the Debtors or any other party-in-interest (i) to assert any cause of action against Creditor, including, without limitation, avoidance actions against Creditor, including, without limitation, avoidance accons in accordance with sections 541, 543, 544, 545, 547, 548, 549, 550 and 551 of the Bankruptcy Code (each an "Avoidance Action") or (ii) against any holder of a claim against the Debtors in accordance with 502(d) of the Bankruptcy Code.

Sincerely yours,

Kevin Sweeney Vice President

ACCEPTED AND AGREED TO This 11 day of Feb., 2005

DOMINATE FOOD SERVICES, L.P. By: __________ Name: Nathan Blan Title: Pres.