In re Service Merchandise Company, Inc.

Full title: In re: Service Merchandise Company, Inc., et al., Chapter 11, Debtors

Court: United States Bankruptcy Court, M.D. Tennessee, Nashville Division

Date published: Feb 7, 2003

Case No. 399-02649 Jointly Administered (Bankr. M.D. Tenn. Feb. 7, 2003)

Opinion

Case No. 399-02649 Jointly Administered

February 7, 2003

Paul G. Jennings, Beth A. Dunning BASS, BERRY SIMS PLC, Nashville, Tennessee, Attorneys for Debtors and Debtors-in-Possession

John Wm. Butler, Jr., George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS) Chicago, Illinois, Attorneys for Debtors and Debtors-in-Possession

B. Gail Reese, WYATT TARRANT COMBS, LLP, Nashville, Tennessee, Attorneys for the Claimant

Lesley C. Ardemagni, THOMPSON KNIGHT LLP, Dallas, Texas, Attorneys for the Claimant

AGREED ORDER RESOLVING CONTESTED CLAIM NO. 4274 FILED BY UNUM LIFE INSURANCE COMPANY OF AMERICA

GEORGE C. PAINE II, Bankruptcy Judge

Upon the Omnibus Objection to certain claims (Docket No. 6697) (the "Objection"), filed by Service Merchandise Company, Inc. ("Service Merchandise") and 31 of its affiliates (the "Affiliate Debtors"), debtors and debtors-in-possession in the above-captioned cases (Service Merchandise and the Affiliate Debtors collectively, the "Debtors") and the response to the Objection (Docket No. 6920) (the "Response") filed by UNUM Life Insurance Company of America (the "Claimant"); and the Debtors and the Claimant having agreed, as signified by the signatures of counsel below, to a resolution of the disputes related to Claim No. 4274 (the "Claim") filed by the Claimant on the terms set forth in this Agreed Order; and the Court being otherwise sufficiently advised, it is hereby

ORDERED, ADJUDGED AND DECREED:

1. The Claim shall be and hereby is ALLOWED as a general prepetition non-priority unsecured claim in the amount of $300,591.96 (the "Allowed Amount") against Service Merchandise Company, Inc. in Case No. 399-02649.

2. The Claim shall be and hereby is DISALLOWED to the extent it exceeds the Allowed Amount.

3. The automatic stay imposed by 11 U.S.C. § 362 (a) remains in effect with respect to any and all actions to collect or enforce the claim allowed in this Order and/or any other claims against the Debtors or against the assets of the Debtors or any affiliate or insider of the Debtors.

4. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise against the Debtors or their estates.