Opinion
Case No. 00-34533, Jointly Administered.
August 3, 2004
Richard D. Scott, Bruce H. Matson (Va. Bar No. 22874), 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.
ORDER CONCERNING DEBTORS' FIRST OMNIBUS OBJECTION TO CERTAIN PRIORITY UNSECURED CLAIMS AND OTHER RELATED CLAIMS (July 21, 2004 Hearing)
This matter coming before the Court on the Debtors' First Omnibus Objection to Certain Priority 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 on Exhibit 1 and Exhibit 2 to this Order.
2. The objection to claim identified in Exhibit 1 to this Order has been resolved in the manner identified in Exhibit 1 to the Order.
3. Exhibit 2 to this Order identifies claimants whose hearings will be continued until the next omnibus hearing date in this case, August 18, 2004, at 2:00 p.m.
4. 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).
The Clerk is directed to send a copy of this Order to Richard D. Scott, at LeClair Ryan, 213 S. Jefferson Street, Suite 1201, Roanoke, Virginia 24011, upon entry. Debtors' counsel shall serve the entered Order on the parties identified on Exhibit 1 and Exhibit 2.
EXHIBIT 1 WITHDRAWN OBJECTION TO CLAIM
CLAIMANT NAME CLAIM NO.
S.C. Department of Revenue 008900
EXHIBIT 2 CONTINUED CLAIMS
CLAIMANT CLAIM NUMBER
Arviso, Victoria 011993 Gary L. Feramisco, Santa Barbara 008881