Opinion
Case No. 00-34533 Jointly Administered.
September 16, 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.
Michael E. Hastings (Va. Bar No. 36090), Richard D. Scott (Va. Bar No. 44527), LeCLAIR RYAN, A Professional Corporation, Roanoke, Virginia, Counsel for the Debtors.
SECOND ORDER REGARDING DEBTORS' FIRST OMNIBUS OBJECTION TO CERTAIN SECURED CLAIMS (August 18, 2004 Hearing)
This matter coming before the Court on the Debtors' First Omnibus Objection to Certain Secured Claims and 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 continuing the hearing as to certain claims; and the Court having determined that the proposed claim treatment is warranted under the circumstances, it is hereby
ORDERED as follows:
1. Capitalized terms not otherwise defined herein have the meanings given to them in the Objection. This Order affects only the claims identified in Exhibit 1 to this Order.
2. Exhibit 1 to this 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.
3. The Debtors reserve the right to object, at a later time, to all claims affected by this Order or any other claims by these claimants. All claim resolutions are subject to 11 U.S.C 502(d).
4. This Court shall retain jurisdiction over all affected parties with respect to any matters, claims or rights arising from the Objection and/or the implementation of this Order.
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 Exhibit 1 to this Order.
EXHIBIT 1 CONTINUED CLAIMS
CLAIMANT CLAIM NUMBER TOTAL CLAIM AMOUNT
Yakima County 010953 $3,653.00 Jalmark Texas, Ltd. 005329 $95,746.00 Jalmark Texas, Ltd. 001672 $44,413.00 Jalmark Texas, Ltd. 001638 $44,413.00 Lewisville Independent 009449 $2,154.00 School District