In re Enron Corp.

Full title: In re ENRON CORP., et al., Chapter 11, Debtors

Court: United States Bankruptcy Court, S.D. New York

Date published: Apr 4, 2003

Case No. 01-16034 (AJG), Jointly Administered (Bankr. S.D.N.Y. Apr. 4, 2003)

Opinion

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

April 4, 2003

ORDER DENYING (A) MOTION FOR RECONSIDERATION UNDER 502(j) OF PARTIAL DENIAL OF ENRON CORP.'S MOTION FOR AN ORDER APPROVING ITS FIDUCIARY SERVICES AGREEMENT WITH STATE STREET BANK AND TRUST COMPANY AND PROVIDING THAT FEES, EXPENSES AND OTHER COSTS INCURRED THEREWITH SHALL BE TREATED AS ADMINISTRATIVE CLAIMS FILED BY SECRETARY OF UNITED STATES DEPARTMENT OF LABOR AND (B) MOTION BY ENRON CORP. PURSUANT TO BANKRUPTCY RULES 9023 AND 9024 AND BANKRUPTCY CODE SECTIONS 363(b) AND 503 DIRECTING REIMBURSEMENT OR DIRECT PAYMENT PURSUANT TO SECTION 507 OF BANKRUPTCY CODE OF EXPENSES OF THAT CERTAIN AGREEMENT BETWEEN ENRON CORP. AND STATE STREET BANK AND TRUST COMPANY AND SUPPLEMENT THERETO

ARTHUR J. GONZALEZ, United States Bankruptcy Judge

Upon (1) Motion of the United States Department of Labor (the "DOL") For Reconsideration Under § 502(j) Of Partial Denial Of Enron Corporation's Motion For An Order Approving Its Fiduciary Services Agreement With State Street Bank And Trust Company And Providing That Fees, Expenses And Other Costs Incurred Therewith Shall Be Treated As Administrative Claims and (2) Motion of Enron Corp. Pursuant To Bankruptcy Rules 9023 And 9024 And Bankruptcy Code Sections 363(b) And 503 Directing Reimbursement Or Direct Payment Pursuant To Section 507 Of The Bankruptcy Code Of Expenses Of That Certain Agreement Between Enron Corp. and State Street Bank And Trust Company including the Supplement To Motion Of Enron Corp. Pursuant to Bankruptcy Rules 9023 and 9024 and Bankruptcy Code Section 363(b) And 503 Directing Reimbursement Or Direct Payment Pursuant To Section 507 Of The Bankruptcy Code Of Expenses Of That Certain Agreement Between Enron Corp. And State Street Bank And Trust Company (collectively, the "Motions"); and the Official Committee of Unsecured Creditors having filed an objection to the Motions (the "Objection"); and the Pension Benefit Guaranty Corporation and the Official Employment-Related Issues Committee having filed statements in support of the Motions; and the DOL having filed a reply to the Objection; and the Court having held a hearing on the Motions on September 12, 2002; and the Court having issued a Memorandum Decision Denying Motion By United States Department Of Labor For Reconsideration Of Partial Denial Of Enron Corp.'s Motion For An Order Approving Its Fiduciary Services Agreement With State Street Bank Provided That Fees, Expenses, And Other Costs Incurred Therewith Shall Be Treated As Administrative Claims And Denying Motions By Enron Corp.

Directing The Reimbursement Or Direct Payment Of Expenses Between Enron Corp. and State Street Bank, dated March 21, 2003 (the "Memorandum Decision"), it is hereby

ORDERED that for the reasons stated in the Memorandum Decision, the Motions are denied in all respects and this Court's April 19, 2002 Order Pursuant To Section 363 Of The Bankruptcy Code And Bankruptcy Rule 2002 Authorizing The Appointment Of State Street Bank And Trust Company Pursuant To That Certain Fiduciary Services Agreement, As Amended remains in full force and effect.