Opinion
Case No. 03-32094 (DOT), (Jointly Administered)
October 10, 2003
Michael C. Shepherd, Hunton Williams LLP, Richmond, Virginia for Debtors and Debtors in Possession
This stipulation and agreed order (this "Stipulation and Agreed Order") is entered into by and between (a) the Commonwealth of Massachusetts Department of Revenue (the "Commonwealth") and (b) NTELOS Communication Services Inc. ("NTELOS"), a debtor in this jointly administered bankruptcy case (this "Bankruptcy Case") pending in the United States Bankruptcy Court for the Eastern District of Virginia (the "Bankruptcy Court"), by and through their respective counsel. The Commonwealth and NTELOS are collectively referred to herein as the "Parties."
RECITALS
1. On March 4, 2003 (the "Petition Date"), NTELOS and its debtor affiliates (collectively, the "Debtors") each filed a voluntary petition under chapter 11 of title 1 1 of the United States Code (the "Bankruptcy Code").
2. On May 8, 2003, the Commonwealth filed a proof of claim against NTELOS asserting (a) an unsecured priority claim under 11 U.S.C. § 507(a)(8) in the amount of $1,480.22 and (b) a general unsecured claim in the amount of $1,935.33, both representing potential liabilities for corporate/foreign annual excise tax for tax years subsequent to tax year 1997 (collectively, "Claim Number 256").
3. On July 1, 2003, the Debtors filed the Debtors' Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (the "Plan"). The Plan was subsequently confirmed on August 12, 2003, and became effective on September 9, 2003 (the "Effective Date").
4. On July 8, 2003, the Debtors filed their First Omnibus Objection to Claims Under 11 U.S.C. § 102(1) and 105(a) and Bankruptcy Rule 3007 (the "Objection"), whereby the Debtors objected to Claim Number 256 in its entirety.
5. On July 30, 2003, the Commonwealth filed a response (the "Response") to the Objection.
STIPULATION
NOW THEREFORE, the Parties stipulate and agree as follows:
a. During tax year 1997, NTELOS engaged in a prepaid calling card program in the Commonwealth of Massachusetts.
b. On November 16, 1998, NTELOS filed a return and paid the declared corporate/foreign annual excise tax for tax year 1997.
c. NTELOS suspended operations in the Commonwealth of Massachusetts prior to tax year 1998 and has not done business in the Commonwealth of Massachusetts subsequent thereto.
d. Based on the foregoing (i) the Commonwealth hereby withdraws Claim Number 256, (ii) the Debtors hereby withdraw the Objection as it relates to Claim Number 256 and (iii) the Commonwealth hereby withdraws the Response to the Objection.
e. This Stipulation and Agreed Order may be executed in counterparts, any of which may be transmitted by facsimile, and each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
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f. The Bankruptcy Court shall retain jurisdiction over the Parties with respect to the implementation of this Stipulation and Agreed Order.
SO ORDERED.