Opinion
Case No. 399-02649 Jointly Administered.
September 14, 2004
Paul G. Jennings, Phillip G. Young, Jr., BASS, BERRY SIMS PLC, Nashville, TN, and John Wm. Butler, Jr., George N. Panagakis SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL, Attorneys for Reorganized Debtors Illinois Department of Revenue.
By: Archie Lawrance, Assistant from Attorney General Springfield, IL.
Service Merchandise Company, Inc. ("Service Merchandise") and 31 of its affiliates (Service Merchandise and its affiliates collectively, the "Reorganized Debtors") and The Illinois Department of Revenue (the "Claimant"), having agreed with respect to the allowable amounts of Claim Nos. 4798, 2063, 4799 and 5004 (collectively, the "Claims"), and it appearing that the agreed relief is in the best interest of the Debtors, their estates, creditors and other parties in interest; all parties in interest having been heard or having had the opportunity to be heard, and no other or further notice of the Request, Response, or the entry of this Order need be provided, and upon the entire record herein; and good and sufficient cause appearing therefor,
IT IS HEREBY ORDERED AND DIRECTED AS FOLLOWS:
1. Claim No. 4798 shall be and hereby is ALLOWED as a prepetition priority claim in the amount of $180,800.00. (the "Allowed Amount") against Service Merchandise Company, Inc. in Case No. 399-02649.
2. Claim No. 4798 shall be and hereby is DISALLOWED to the extent it exceeds the Allowed Amount.
3. Claim Nos. 2063, 4799 and 5004 shall be and hereby are DISALLOWED in their entirety.
4. The Reorganized Debtors shall pay the Allowed Amount within ten (10) days of entry of this Order.
5. Other than the claim allowed in this Agreed Order, the Claimant shall have no other allowed claims, whether prepetition, post-petition, secured, unsecured, priority, administrative, or otherwise against the Reorganized Debtors or their estates.
6. All distributions on account of the claim allowed by this Order are governed by the terms of the Reorganized Debtors' confirmed chapter 11 plan, and any other actions to collect or enforce the claim allowed in the Order and/or any other claims against the Reorganized Debtors or against the assets of the Reorganized Debtors or any affiliate or insider of the Reorganized Debtors are prohibited by the plan and confirmation order entered May 13, 2003.