Opinion
Case No. 00-3570 (CGC) (Jointly Administered Case Nos. 00-3570 (CGC) through 00-3572 (CGC), and 00-3718 (CGC) through 00-3725 (CGC)), Chapter 11 Re: Docket No. 2996
December 8, 2003
THIS MATTER coming before the Court on the Reorganized Debtors' Fifth Omnibus (Substantive) Objection to Certain Payphone Investor Claims, Docket Number 2996 (the "Claim Objection") filed by PSA, Inc, the Debtors in the above-referenced case (the "Debtors") on April 18, 2003, which Claim Objection seeks, among other things, the disallowance of the claims (the "Worsham Claims," identified on Exhibit A hereto) filed by Robert E. and V. Alice Worsham (collectively, the "Worshams"); and on or about May 4, 2003, Debtors' counsel received an informal response of the Worsham's with respect to the Claim Objection; and the Worshams having since informed Debtors' counsel that the Worshams will not contest the Claim Objection or the disallowance of the Worsham Claims and have no further objection or response to the Claim Objection; and based upon the pleadings of record, the arguments and representations of counsel, all other matters brought before the Court, and for good cause shown, the Court finds, determines and concludes that the Claim Objection is due to be sustained as set forth herein; and due and adequate notice having been provided; and based upon the foregoing findings of fact and conclusions of law and for the reasons stated in open court pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure, it is hereby
ORDERED, ADJUDGED AND DECREED THAT:
1. The Objection is sustained and the Worsham Claims and any and all other claims or causes of action that have been or could be filed or asserted by the Worshams against the Debtors are hereby expunged, disallowed and released, including but not limited to the claims identified on Exhibit A attached hereto.
2. This Court shall retain jurisdiction over any and all matters arising from or related to this Order and its implementation and interpretation and to the extent any terms of this Order conflict with any terms of any previous orders entered by this Court the terms of this
Order shall govern and control.
EXHIBIT A
Claim to be Expunged Allowed Investor Claim
Name of Claimant Claim Number Lease Number Claim Amount Allowed Amount Robert E. Worsham N/A $1,983.002 62 $0.00 Robert E. Worsham N/A $2,133.00 64 $0.00 Robert E. Worsham N/A $17,664.00 102 $0.00 V. Alice Worsham N/A $2,433.00 115 $0.00 Robert E. Worsbam and V. Alice Worsham N/A $23,580.00 127 $0.00 Robert E. Worsham N/A $2,433.00 114 $0.00 Robert E. Worsham and V. Alice Worsham N/A $36,140.00 12506 $0.00