In re Service Merchandise Company, Inc.

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

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

Date published: Apr 5, 2004

Case No. 399-02649 (Bankr. M.D. Tenn. Apr. 5, 2004)

Opinion

Case No. 399-02649.

April 5, 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 Debtors and Debtors-in-Possession.

William J. Tucker, William J. Tucker Associates, LLC, Indianapolis, IN, Attorney for the Claimant.

AGREED ORDER RESOLVING CONTESTED CLAIM NO. 5077 FILED BY EAST WASHINGTON PLAZA LLC

GEORGE PAINE, Chief Judge, Bankruptcy

Upon the Omnibus Objection to certain claims (Docket No. 7909) (the "Objection"), filed by Service Merchandise Company, Inc. ("Service Merchandise") and 31 of its affiliates (the "Affiliate Debtors"), reorganized debtors in the above-captioned cases (Service Merchandise and the Affiliate Debtors collectively, the "Reorganized Debtors") and the response to the Objection (Docket No. 8039) (the "Response"), filed by East Washington Plaza LLC (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. 5077 (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 $300,000.00 (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. 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.

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