Opinion
Case No. 01-6-4463 Case No. 01-6-4485
2012-10-25
In re: RAILWORKS CORPORATION., et al., Debtors.
Christos A. Katsaounis, Esquire Senior Counsel Pennsylvania Department of Revenue Office of Chief Counsel J. Daniel Vorsteg, Bar No. 26651 Whiteford, Taylor & Preston L.L.P. Counsel for the Debtors, Railworks Corporation, et al.
SO ORDERED
___________
U. S. BANKRUPTCY JUDGE
(Chapter 11)
Jointly Administered under
Case No. 01-6-4463
STIPULATION AND CONSENT ORDER RESOLVING
DEBTORS' OBJECTION TO CERTAIN CLAIMS FILED
BY THE PENNSYLVANIA DEPARTMENT OF REVENUE
(Claim Nos. 2521, 2522, 3058 & 3160)
Railworks Corporation, et al., the above-captioned reorganized debtors (collectively, the "Debtors"), and the Pennsylvania Department of Revenue (the "PDR") hereby stipulate and agree as follows:
WHEREAS, on September 20, 2001 (the "Petition Date"), Railworks Corporation ("Railworks") and 22 of its affiliates filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code.
WHEREAS, the PDR filed a proof of claim in the case of Debtor L.K. Comstock & Company, Inc. ("Comstock"), proof of claim number 2521 ("Claim No. 2521"), asserting a claim in the amount of $2,032.00 for certain corporate income taxes allegedly owed by Comstock to the PDR.
WHEREAS, the PDR filed a proof of claim in the case of Debtor Gantrex Corporation ("Gantrex"), proof of claim number 2522 ("Claim No. 2522"), asserting a claim in the amount of $3,192.00 for certain corporate income taxes allegedly owed by Gantrex to the PDR.
WHEREAS, the PDR filed a proof of claim in the case of Debtor HSQ Technology Corporation ("HSQ"), proof of claim number 3058 ("Claim No. 3058"), asserting a claim in the amount of $26,074.00 for certain corporate and franchise taxes allegedly owed by HSQ to the PDR.
WHEREAS, the PDR filed a proof of claim in the case of Debtor HSQ, proof of claim number 3160 ("Claim No. 3160"), asserting a claim in the amount of $26,074.00 for certain corporate and franchise taxes allegedly owed by HSQ to the PDR.
WHEREAS, on October 30, 2003, the Debtors filed their Amended Fourth Omnibus Objection to Allowance of Certain Claims which included an objection to Claim Nos. 2521, 2522, 3058 and 3160 (collectively the "Claims") on the grounds that the Claims were either overstated or paid, and should be reduced or disallowed in full.
WHEREAS, on or about May 22, 2012, Railworks made a payment to the PDR in the amount of $1,859.00 on account of Claim No. 2521.
WHEREAS, Railworks and the PDR have agreed that Claim No. 2522 has been satisfied and should be disallowed in full.
WHEREAS, on or about May 22, 2012, Railworks made a payment to the PDR in the amount of $15,133.00 on account of Claim No. 3058.
WHEREAS, Railworks and the PDR have agreed that Claim No. 3160 is a duplicate of Claim No. 3058 and that Claim No. 3160 should be disallowed in full.
WHEREAS, Railworks and the PDR have agreed to settle any remaining obligations of HSQ and Comstock for Claim Nos. 2521 and 3058 for a final payment by Railworks to the PDR in the amount of $821.50, which payment was made on or about October 11, 2012.
WHEREAS, Railworks and the PPR have agreed that Claim Nos. 2521 and 3058 have been paid and should be expunged from the Claims Registry on the basis of the Debtors' payment.
NOW, THEREFORE, it is, by the United States Bankruptcy Court for the District of Maryland
ORDERED, that Claim Nos. 2522 and 3160 are disallowed in full.
ORDERED, that Claim Nos. 2521 and 3058 are hereby expunged from the Claims Registry on the basis of the Debtors' payment.
STIPULATED AND AGREED TO: ___________
Christos A. Katsaounis, Esquire
Senior Counsel
Pennsylvania Department of Revenue
Office of Chief Counsel
___________
J. Daniel Vorsteg, Bar No. 26651
Whiteford, Taylor & Preston L.L.P.
Counsel for the Debtors,
Railworks Corporation, et al.
I HEREBY CERTIFY that the terms of the copy of the consent order submitted to the Court are identical to those set forth in the original consent order; and the signatures represented by the ___________ on this copy reference the signatures of consenting parties on the original consent order.
___________
J. Daniel Vorsteg
End of Order
cc:
J. Daniel Vorsteg, Esquire
Whiteford, Taylor & Preston L.L.P.
Seven Saint Paul Street
Baltimore, Maryland 21202
Christos A. Katsaounis, Esquire
Senior Counsel
Pennsylvania Department of Revenue
Office of Chief Counsel
1032 Strawberry Square (10th Floor)
P.O. Box 281061
Harrisburg, PA 17128-1061
Office of the U.S. Trustee
101 W. Lombard Street
Suite 2625
Baltimore, MD 21201