Opinion
Case No. 01-6-4463 Case No. 01-6-4485
01-23-2012
In re: RAM WORKS CORPORATION., et al., Debtors.
SO ORDERED
__________
U. S. BANKRUPTCY JUDGE
Jointly Administered under
Case No. 01-6-4463
STIPULATION AND CONSENT ORDER RESOLVING
DEBTORS' OBJECTION TO CERTAIN CLAIMS FILED
BY THE MISSOURI DEPARTMENT OF REVENUE
(Claim Nos. 1304, 1305, 1306, 1307, 1308, 1309, 1310,
3064, 3065, 3066, 3212, 3283, 3301, 3337 and 3341)
Railworks Corporation, et al., the above-captioned reorganized debtors (collectively, the "Debtors"), and the Missouri Department of Revenue (the "MDR") 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 MDR filed a proof of claim in the case of Debtor Annex Railroad Builders ("Annex"), proof of claim number 1304 ("Claim No. 1304"), asserting a claim in the amount of $27,820.50 for corporate income and use taxes allegedly owed by Annex to the MDR. Claim No. 1304 was amended by proof of claim number 3066 ("Claim No. 3066"). Claim No. 3066 was paid by the Debtors on or about January 19, 2012.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Railworks, proof of claim number 1305 ("Claim No. 1305"), asserting a claim in the amount of $48,037.35 for corporate income taxes allegedly owed by Railworks to the MDR. Claim No. 1305 was amended by proof of claim number 3212 ("Claim No. 3212"). Claim No. 3212 was amended to a claim in the amount of $0 by the MDR.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Railworks, proof of claim number 1306 ("Claim No. 1306"), asserting a claim in the amount of $2,958.58 for withholding taxes allegedly owed by Railworks to the MDR. Claim No. 1306 was amended to a claim in the amount of $0 by the MDR.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Woodwaste Energy ("Woodwaste"), proof of claim number 1307 ("Claim No. 1307"), asserting a claim in the amount of $5,240.40 for withholding taxes allegedly owed by Woodwaste to the MDR. Claim No. 1307 was amended to a claim in the amount of $0 by the MDR.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Railworks Track Systems ("Track Systems"), proof of claim number 1308 ("Claim No. 1308"), asserting a claim in the amount of $5,734.51 for withholding taxes allegedly owed by Track Systems to the MDR. Claim No. 1308 was amended by proof of claim number 3283 ("Claim No. 3283"). Claim No. 3283 was paid by the Debtors on or about January 19, 2012.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Annex, proof of claim number 1309 ("Claim No. 1309"), asserting a claim in the amount of $275.75 for franchise taxes allegedly owed by Annex to the MDR. Claim No. 1309 was paid by the Debtors on or about January 19, 2012.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Track Systems, proof of claim number 1310 ("Claim No. 1310"), asserting a claim in the amount of $1,023.06 for corporate use taxes allegedly owed by Track Systems to the MDR. Claim No. 1310 was amended to a claim in the amount of $0 by the MDR.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Track Systems, proof of claim number 3064 ("Claim No. 3064"), asserting a claim in the amount of $16.82 for corporate use taxes allegedly owed by Track Systems to the MDR. Claim No. 3064 was amended to a claim in the amount of $0 by the MDR.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Track Systems, proof of claim number 3065 ("Claim No. 3065"), asserting a claim in the amount of $8.32 for corporate use taxes allegedly owed by Track Systems to the MDR. Claim No. 3065 was amended to a claim in the amount of $0 by the MDR.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Track Systems, proof of claim number 3301 ("Claim No. 3301"), asserting a claim in the amount of $5,734.51 for withholding taxes allegedly owed by Track Systems to the MDR. Claim No. 3301 is a duplicate of Claim No. 3283, referenced above.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Neosho Central America ("Neosho"), proof of claim number 3337 ("Claim No. 3337), asserting a claim in the amount of $2,284.34 for withholding taxes allegedly owed by Neosho to the MDR. Claim No. 3337 was paid by the Debtors.
WHEREAS, the MDR filed a proof of claim in the case of Debtor Track Systems, proof of claim number 3341 ("Claim No. 3341"), asserting a claim in the amount of $15.70 for corporate use taxes allegedly owed by Track Systems to the MDR. Claim No. 3341 was paid by the Debtors on January 19, 2012.
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. 1304, 1305, 1306, 1307, 1308, 1309, 1310, 3064, 3065, 3066, 3212, 3283, 3301, 3337 and 3341 (collectively the "Claims") on the grounds that the Claims were either overstated or paid, and should be reduced or disallowed in full.
WHEREAS, the Debtors and the MDR have agreed that Claim Nos. 1304, 1305, 1306, 1307, 1308, 1310, 3064, 3065, 3212 and 3301 should be disallowed in full.
WHEREAS, the Debtors and the MDR have agreed that Claim Nos. 1309, 3066, 3283, 3337 and 3341 were paid by the Debtors 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. 1304, 1305, 1306, 1307, 1308, 1310, 3064, 3065, 3212 and 3301 are disallowed in full.
ORDERED, that Claim Nos. 1309, 3066, 3283, 3337 and 3341 are hereby expunged from the Claims Registry on the basis of the Debtors' payment.
STIPULATED AND AGREED TO:
_________________________
Steven A. Ginther, Esquire
Managing Counsel
Missouri Department of Revenue
General Counsel's Office
301 W. High Street, Room 670
P.O. Box 475
Jefferson City, MO 65105
_________________________
J. Daniel Vorsteg, Bar No. 26651
Whiteford, Taylor & Preston L.L.P.
Seven Saint Paul Street
Baltimore, Maryland 21202
(410) 347-9494
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 /s/ ___________________ 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
Steven A. Ginther, Esquire
Managing Counsel
Missouri Department of Revenue
General Counsel's Office
301 W. High Street, Room 670
P.O. Box 475
Jefferson City, MO 65105
Office of the U.S. Trustee
101 W. Lombard Street
Suite 2625
Baltimore, MD 21201