Opinion
Case No. 00-34533, Jointly Administered.
August 30, 2004
Bruce H. Matson, Katherine Macaulay Mueller, LeCLAIR RYAN, A Professional Corporation, Richmond, Virginia, Michael E. Hastings, Richard D. Scott, 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 (August 18, 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-aptioned 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 claims identified in Exhibit 1 to this Order have 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, September 22, 2004, at 11:30 a.m.
4. Except to the extent expressly allowed herein, 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 andExhibit 2. EXHIBIT 1 ALLOWED CLAIMS CLAIMANT CLAIM TOTAL CLAIM ALLOWED RECLASSIFIED NAME NO. AMOUNT PRIORITY GENERAL AMOUNT UNSECURED AMOUNT EXHIBIT 2 CONTINUED CLAIMS CLAIMANT CLAIM NUMBER TOTAL CLAIM AMOUNT
The Reclassified General Unsecured Amount for claim no. 011993 includes a vacation benefit in the amount of $1,026.67, a severance benefit of $2,640.00, and $1,000 claimed as a bonus for fourteen years' service as a credit manager pursuant to the "Heilig-Meyers Company Salary Continuation Plan."