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

Date published: Jan 9, 2004

Case No. 399-02649, Jointly Administered (Bankr. M.D. Tenn. Jan. 9, 2004)

Opinion

Case No. 399-02649, Jointly Administered

January 9, 2004

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

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

Issac Gross, BRIDAL SWEET, INC., New York, NY, Representative for Bridal Sweet

Issac Gross, UNUS, INC. New York, NY, Representative for UNUS, Inc.

AGREED ORDER RESOLVING CONTESTED CLAIM NO. 1022 and 1094 BRIDAL SWEET, INC. AND UNUS, INC.

GEORGE PAINE, Chief Judge, Bankruptcy

Upon Service Merchandise Company, Inc. ("Service Merchandise," or in reference to itself and its affiliates, the "Reorganized Debtors") and Bridal Sweet, Inc. and Unus, Inc. (the "Claimants"); having agreed, as signified by the signatures of the authorized representative of the Claimants below, to a resolution of Claim No. 1022 and Claim No. 1094 (the "Claims") on the terms set forth in this Agreed Order; and the court being otherwise sufficiently advised, it is hereby

ORDERED, ADJUDGED AND DECREED:

1. Claim No. 1022 shall be and hereby is ALLOWED as an allowed general prepetition non-priority unsecured claim in the aggregate amount of $10,515.00 (the "Allowed Amount") against Service Merchandise Company, Inc. in Case No. 399-02649.

2. Claim No. 1022 shall be and hereby is DISALLOWED to the extent it exceeds the Allowed Amount.

3. Claim No. 1094 shall be and hereby is DISALLOWED in its entirety.

4. All distributions on account of the claim allowed by this Order are governed by the terms of the Debtors' confirmed chapter 11 plan, and any other 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 are prohibited by the plan and confirmation order entered May 13, 2003.

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