Opinion
Case No. 302-00979 Jointly Administered.
April 28, 2004
HARWELL HOWARD HYNE, GABBERT MANNER, P.C., Craig V. Gabbert, Jr., Barbara D. Holmes, David P. Cañas, Nashville, TN, Counsel for the Reorganized Debtor.
MANIER HEROD, Philip L. Robertson, Nashville, TN, Counsel for National City Leasing Corp.
AGREED ORDER RESOLVING OBJECTIONS TO CLAIM OF NATIONAL CITY LEASING CORP.
This case is before the Court on the Objection to Allowance of Claims (Docket # 1591) filed by The Elk Horn Coal Company, LLC, the Reorganized Debtor arising out of the above-styled proceedings, (the "Reorganized Debtor") and, more specifically, the Reorganized Debtor's objections to the general unsecured claim in the amount of $275,153.07 filed by National City Leasing Corp. ("NCLC"). As evidenced by the signatures of counsel below, the Reorganized Debtor and NCLC have agreed to resolve the Reorganized Debtor's objections as follows: the Reorganized Debtor's objections should be sustained in part, and NCLC's claim should be allowed in the amount of $10,000 and paid as a Class 5A claimant pursuant to the terms of the confirmed Joint Plan of Reorganization.
WHEREAS no other objections to NCLC's claim or responses to the Reorganized Debtor's objections thereto were filed,
IT IS HEREBY ORDERED that the Reorganized Debtor's objections are sustained and National City Leasing Corp.'s claim shall be allowed in the amount of $10,000 and shall be paid as a Class 5A claimant pursuant to the terms of the confirmed Joint Plan of Reorganization.
IT IS SO ORDERED.