Opinion
Case No. 00-34533 Jointly Administered.
November 22, 2004
Troy Savenko, Bruce H. Matson, Troy Savenko, Katherine Macaulay Mueller, LECLAIR RYAN, A Professional Corporation, Richmond, Virginia, Counsel for the Debtors.
FIFTH ORDER CONCERNING DEBTORS' FIRST OMNIBUS OBJECTION TO CERTAIN GENERAL UNSECURED CLAIMS AND OTHER RELATED CLAIMS (October 27, 2004 Hearing)
This matter coming before the Court on the Debtors' First Omnibus Objection to Certain General Unsecured 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) 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. 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. The claims identified in Exhibit 1 ("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 November 23, 2004, at 2:00 p.m.
3. Exhibit 2 to this Order ("Allowed Claims") identifies claimants who filed responses or contacted the Debtors and whose claim amounts have been resolved. Except as otherwise provided in a separate order of this Court, the Allowed Claims are deemed allowed in the amounts identified in the "Allowed General Unsecured Amount" and "Allowed Administrative Amount" columns onExhibit 2.
4. 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).
5. 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 Troy Savenko, at LeClair Ryan, 707 East Main Street, Suite 1100, Richmond, Virginia 23219, upon entry. Debtors' counsel shall serve the entered Order on the parties identified on Exhibit 1 to this Order.
EXHIBIT 1 CONTINUED CLAIMS
CLAIMANT NAME CLAIM NO.
Benchcraft 006920 Benchcraft 006918 Berkline Corp., The 006922 Berkline Corp., The 006923 Berkline Corp., The 006924 Berkline Corp., The 006921 Roach, Stanford 009476 Stacey, Justin 009048 Stacey, Justin 009475 Universal Furniture Ltd. 006917 Universal Furniture Ltd. 006916 Saraland Loop Road Ltd. 006819 Saraland Loop Road Ltd. 007862 Saraland Loop Road Ltd. 007861
EXHIBIT 2 ALLOWED CLAIMS
ALLOWED CLAIM GENERAL ALLOWED CLAIMANT NAME CLAIM AMOUNT AS UNSECURED ADMINISTRATIVE NO. FILED AMOUNT AMOUNT
Relational Funding Corp. 002142 $58622.26 $0.00 $0.00 Relational Funding Corp. 006432 $409,066.86 $0.00 $0.00 Relational Funding Corp. 010571 $162,182.71 $16,409.28 $33,526.66 Relational Funding Corp. 012361 $41,923.20 $0.00 $0.00