Opinion
Case No. 399-02649 Jointly Administered.
April 29, 2004
Paul G. Jennings Beth A. Dunning, BASS, BERRY SIMS PLC, Nashville, Tennessee, Attorneys for Debtors and Debtors-in-Possession.
John Rowland Baker, Donelson, et. al. Nashville, Tennessee, Attorneys for the Claimant.
AGREED ORDER RESOLVING CONTESTED CLAIM No. 5117 OF GULFPORT RETAIL PARTNERS LP
Upon 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 filed by Gulfport Retail Partners LP (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. 5117 (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 $500,000.00 (the "Allowed Amount") against Service Merchandise Company, Inc. in Case No. 399-02649.
2. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise against the Debtors or their estates.