Opinion
Case No. 04-33192, (Jointly Administered).
October 25, 2004.
ORDER GRANTING PARTIAL RELIEF SOUGHT IN DEBTORS' SECOND OMNIBUS OBJECTION TO CLAIMS
Upon consideration of the Second Omnibus Objection to Claims (the "Objection") of the above-captioned debtors and debtors in possession (the "Debtors"); and it appearing that notice of the Objection was good and sufficient under the particular circumstances and that no further notice need be given; and the Court having considered (i) the Objection, (ii) the Claims on Schedule A, Schedule B, Schedule C, Schedule D, Schedule E, Schedule F and Schedule G (collectively, the "Schedules") attached to the Objection, and (iii) any responses to the Objection; and after due deliberation thereon and good cause appearing therefor; it is hereby:
Capitalized terms not defined herein shall have the same meaning ascribed in the Objection.
ORDERED that except as otherwise set forth herein, the Objection is granted with respect to each and every Claim listed on the Schedules; and it is further
ORDERED that Claim No. 899, filed by the Gwinnett County Tax Commissioner, is hereby disallowed in full and expunged; and it is further
ORDERED that Claim No.'s 352 and 383, filed by the State of Ohio, Department of Taxation, are hereby respectively allowed in the amounts of $24.28 and $626.47; and it is further
ORDERED that Claim No.'s 260 and 882, filed by the New York State Department of Labor, are hereby respectively allowed in the amounts of $528.12 and $963.43; and it is further
ORDERED that Claim No. 540, filed by the Internal Revenue Service, is hereby allowed in the amount of $500.00; and it is further
ORDERED that the Debtors reserve the right to amend, modify and/or supplement the Objection, including, without limitation, to object to amended Claims and newly-filed Claims; and it is further
ORDERED that the Debtors' objections (as set forth in the Objection) to the Claims filed by the following Claimants are hereby reserved (as are the Claimant's responses, if any, to the Objection) and that (i) the Debtors retain the right, without prejudice, to reassert such objections before this Court at a later date and (ii) the following Claimants reserve the right to assert any defenses thereto as set forth in their individual responses filed with this Court: Miller/Whiry, Inc., CHUBB Custom Insurance Company, Pennsylvania Revenue Department, Universal Studios, LLC, 1848 Associates Limited Partnership, Martin J. Ryan, International Billiards, Inc., and the New York State Department of Finance; and it is further
ORDERED that the Court shall retain jurisdiction to hear and determine all matters arising from or relating to this Order.