Opinion
Case No. 399-02649 Jointly Administered.
September 10, 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 L. Norton, III, BOULT, CUMMINGS, CONNERS BERRY PLC, Nashville, TN, Attorneys for Claimant.
AGREED ORDER RESOLVING CONTESTED ADMINISTRATIVE CLAIM FILED BY LINCOLN NATIONAL LIFE INSURANCE CO.
Upon the Omnibus Objection to certain claims (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. 7989) (the "Response") filed by Lincoln National Life Insurance Co. (the "Claimant"); and the Request for Payment of Administrative Claim (Docket No. 8913) (the "Admin Request") filed by the Claimant; and the Reorganized Debtors and the Claimant having agreed, as signified by the signatures of counsel below, to a resolution of the disputes related to the administrative portions of Claim No. 5251 (the "Claim") and the Admin Request filed by the Claimant on the terms set forth in this Agreed Order; and the Court being otherwise sufficiently advised, it is hereby
The general unsecured portions of the Claim have been resolved by previous Order of this Court.
ORDERED, ADJUDGED AND DECREED:
1. The Claim and related Admin Request shall be and hereby are ALLOWED in the amounts previously paid the Debtors and as a remaining administrative priority claim in the amount of $13,792.79 (the "Allowed Amount") against Service Merchandise Company, Inc. in Case No. 399-02649.
2. Any other unpaid administrative portions of the Claim shall be and hereby are DISALLOWED to the extent it exceeds the Allowed Amount.
3. The Reorganized Debtors shall pay the Allowed Amount within ten (10) days of entry of this Order.
4. 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.