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: Jul 14, 2003

Case No. 399-02649, Jointly Administered (Bankr. M.D. Tenn. Jul. 14, 2003)

Opinion

Case No. 399-02649, Jointly Administered.

July 14, 2003.

Paul G. Jennings, Beth A. Dunning, Bass Berry Sims PLC, Nashville, Tennessee, Attorney for Debtors and Debtors-in-Possession.

John Wm. Butler, Jr., George N. Panagakis, Skadden, Arps, Slate, Meagher Flom (Illinois), Chicago, IL, Attorney for Debtors and Debtors-in-Possession.

Charles J. Phillips, Leisawitz Heller Abramowitch Phillips, P.C., Wyomissing, PA, Attorney for the Claimant.

AGREED ORDER RESOLVING CONTESTED CLAIM NO. 5207 OF IRVIN AND LEWIS COHEN

GEORGE PAINE, United States Bankruptcy Judge

This matter coming before the Court upon the objection (the "Objection"), filed by Service Merchandise Company, Inc. ("Service Merchandise") and 31 of its affiliates (the "Affiliate Debtors"), debtors and debtors-in-possession it the above-captioned cases (Service Merchandise and the Affiliate Debtors collectively, the "Debtors") and the response to the Objection (the "Response"), filed by Irvin and Lewis Cohen, Trustees (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's. 5207 (the "Claim") 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 an allowed general prepetition non-priority unsecured claim in the amount of $192,873.00 (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.