Opinion
CASE NO. 301-12036, Jointly Administered, Contested Matter
January 15, 2004
BETH A. DUNNING, Brentwood, Tennessee, for the Movants
Mary Paty Lynn LeVan BRP, Philip L. Robertson BRP, MANIER HEROD, Nashville, Tennessee, for Peerless Insurance Company,
AGREED ORDER RESOLVING CERTAIN CLAIMS FILED BY PEERLESS INSURANCE COMPANY
Upon the agreement by and between the Peerless Insurance Company ("Peerless") and Phoenix Restaurant Group, Inc. ("PRG") and its jointly-administered subsidiaries, debtors and debtors-in-possession in the above-captioned chapter 11 cases (collectively, the "Debtors"), concerning certain administrative claims filed by Peerless against the Debtors' estates (the "Claims"); the Objections thereto filed by the Debtor ("Objection"); and the Response to the Objections filed by Peerless;
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. The duplicated Claims identified on the attached Exhibit A shall be disallowed and expunged from the claims register in their entirety.
2. Claim No. 2863 shall be allowed and paid as an administrative expense claim in the amount of $960.28; and further allowed and paid as a Class 1 Gap Priority Claim in the amount of $6426,47, all pursuant to the Debtors' First Amended Joint Liquidating Plan of Reorganization Pursuant to Chapter 11 of the Bankruptcy Code, As Amended by the Confirmation Order.
3. The Objection and the Response are deemed resolved pursuant to the terms set forth herein.
4. The foregoing shall not in any way affect the validity of any general unsecured claims filed by Peerless, nor qualify the right of the Debtor to file objections to such claims.
IT IS SO ORDERED. EXHIBIT A DUPLICAITVE CLAIMS TO BE DISALLOWED CLAIMANT CLAIM ASSERTED ASSERTED NUMBER AMOUNT CLASS
PEERLESS INSURANCE COMPANY 2864 $14,773.49 Administrative PEERLESS INSURANCE COMPANY 2865 $14,773.49 Administrative PEERLESS INSURANCE COMPANY 2866 $14,773.49 Administrative PEERLESS INSURANCE COMPANY 2867 $14,773.49 Administrative PEERLESS INSURANCE COMPANY 2868 $14,773.49 Administrative