Opinion
Case No. 00-34533, Jointly Administered.
September 17, 2004
Bruce H. Matson (Va. Bar No. 22874), Troy Savenko (Va. Bar No. 44516), Katherine Macaulay Mueller (Va. Bar No. 44302), LeCLAIR RYAN, A Professional Corporation Richmond, Virginia, Counsel for the Debtors.
ORDER SUSTAINING DEBTORS' THIRD OMNIBUS OBJECTION TO CERTAIN PRIORITY CLAIMS AND OTHER RELATED CLAIMS (August 18, 2004 Hearing)
This matter comes before the Court on the Debtors' Third Omnibus Objection to Certain Priority Claims and Other Related Claims (the "Objection") filed by the above-captioned debtors (the "Debtors"); the Court having reviewed the Objection and having heard the statement of counsel in support of the relief requested in the Objection at a hearing before the Court (the "Hearing"); the Court finding that (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and (c) that notice of the Objection (and service of the proposed order) was sufficient under the circumstances; 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 herein granted; it is hereby
ORDERED as follows:
1. Except as otherwise provided herein on Exhibits 1-3 or in a separate order of this Court, the Objection is SUSTAINED.
2. Capitalized terms not otherwise defined herein have the meanings given to them in the Objection.
3. Except as otherwise provided herein or separate order of this Court, the Duplicate Claims identified under the "Duplicate Claim" column of Exhibit A to the Objection are hereby disallowed in their entirety. The Debtors shall maintain the right to object to the claims in the "Surviving Claim" column ofExhibit A on any other grounds at any time.
4. Except as otherwise provided herein or separate order of this Court, the Superseded Claims identified under the "Superseded Claim" column of Exhibit B to the Objection are hereby disallowed in their entirety. The Debtors shall maintain the right to object to the claims in the "Surviving Claim" column of Exhibit B on any other grounds at any time.
5. Except as otherwise provided herein or separate order of this Court, the Late Claims listed on Exhibit C to the Objection are hereby disallowed in their entirety.
6. Except as otherwise provided herein or separate order of this Court, the Reclassified and/or Reduced Claims listed onExhibit D to the Objection are hereby reclassified and/or reduced as shown on Exhibit D. The Debtors shall maintain the right to object to the Reclassified and/or Reduced Claims listed on Exhibit D on any other grounds at any time.
7. Except as otherwise provided herein or separate order of this Court, the No Liability Claims listed on Exhibit E to the Objection are hereby disallowed in their entirety (or in any other order of the Court).
8. The claims listed on Exhibit 1 to the Order ("Allowed Claims") have been resolved in the manner designated in Exhibit 1 to the Order.
9. The claims listed on Exhibit 2 to the Order ("Continued Claims") have not been resolved yet, and the hearing on the Objection as it relates to the identified claims has been continued to the next hearing date set for September 22, 2004 at 11:30 a.m.
10. Exhibit 3 to the Order ("Withdrawn Objections") contains a list of claims to which the Objection has been withdrawn. The Debtors reserve their right to object, at a later date, to these claims or any other claims by these claimants.
11. Except to the extent expressly allowed herein, the Debtors maintain the right to object further to any and all claims, whether or not the subject of this Objection, on any grounds as allowed by applicable law. All claim resolutions are subject to 11 U.S.C. § 502(d).
The Clerk is directed to send a copy of this Order to Katherine Macaulay Mueller, at LeClair Ryan, 707 East Main Street, Suite 1100, Richmond, Virginia 23219, upon entry. Debtors' counsel shall serve the entered Order only on the parties whose claims have been treated in a manner different from the Objection and are identified on Exhibits 1-3 to this Order. EXHIBIT 1 ALLOWED CLAIMS CLAIMANT CLAIM TOTAL ALLOWED ALLOWED NUMBER CLAIM PRIORITY GENERAL AMOUNT AMOUNT UNSECURED AMOUNT
Chaudoin, Jerry 009604 $3,123.00 $234.20 $2,420.07 Crib, Linda 009266 $2,540.00 0.00 $1,642.00 Durrett, Paul R. 010745 $11,188.00 $507.60 $1,827.36 Gorum, Shaun 009342 $14,789.00 0.00 $4,480.00 Persinger, Patricia 009583 $2,002.00 $286.00 $1,716.00 Smith Furniture 006938 $27,283.00 $58.500.00 Manufacture 0.00 Smith Furniture 006937 $72,734.00 0.00 0.00 Manufacture EXHIBIT 2 CONTINUED CLAIMS CLAIMANT CLAIM NUMBER TOTAL CLAIM AMOUNT Childress, Jerrell P. 001370 $2,191.00 City of VA Beach 010952 $131.00 Developers Diversified Realty 001612 $20,208.00 Corp. Developers Diversified Realty 001611 $170,759.00 Corp. Developers Diversified Realty 009403 $25,168.00 Corp. Developers Diversified Realty 001758 $63,518.00 Corp. Knox, Mildred C. 010963 $672.00 Peace, Inez 011990 $2,383.00 Roberts, Freda P., Revenue 009226 $187.00 Commissioner Sutton, Janice C. 005803 $3,640.00 Vines, Jerry 008936 $40,000.00 Wayne County Tax Collector 011393 $790.00 EXHIBIT 3 WITHDRAWN OBJECTIONS CLAIMANT CLAIM NUMBERCircuit City 006723
Circuit City 006754
Collins, Leisha 010766
Crump, Thomas F. 006789
Galanides Realty Co. 006428
Galanides Realty Co. 006429
Gregg D. Johnson, Esq. 006336 For Smith's Real Estate
Gregg D. Johnson, Esq. 006315
Harris, Johnny 010692
Indiana Dept. of 010866 Revenue
Rapp, David L., 005502 Trustee
State of Florida 001121
State of Florida 002355