Opinion
Case No. 399-02649, Jointly Administered.
April 22, 2004
Paul G. Jennings, Beth A. Dunning, BASS, BERRY SIMS PLC, Nashville, Tennessee, Attorneys for Debtors and Debtors-in-Possession.
John Wm. Butler, Jr., George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL, Attorneys for Debtors and Debtors-in-Possession.
Scott Baker, Binghamton, NY, Representative for Claimant.
AGREED ORDER RESOLVING CLAIM NO. 3272, 5155 AND 5156 NEW YORK STATE ELECTRIC GAS CORP.
Upon Service Merchandise Company, Inc. ("Service Merchandise," or in reference to itself and its affiliates, the "Reorganized Debtors") and New York State Electric and Gas Corp. (the "Claimant"); having agreed, as signified by the signatures of counsel and authorized representative of the Claimant below, to a resolution of Claim No. 3272, 5155 and 5156 (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. 3272 previously ordered as allowed under Docket 7258 shall be and hereby is DISALLOWED in its entirety.
2. Claim No. 5155 shall be and hereby is ALLOWED as an unsecured priority claim in the aggregate amount of $10,065.45 (the "Priority Allowed Amount") against Service Merchandise Company, Inc. in Case No. 399-02469. The Reorganized Debtors have already paid $4,315.48 to the Claimant in December 2003. Upon payment of $5,749.97 to the Claimant, this claim no. 5155 shall be deemed paid in full and will no longer constitute a valid claim in these cases.
3. Claim No. 5156 shall be and hereby is ALLOWED as an general unsecured prepetition non-priority claim in the aggregate amount of $18,318.37 (the "Non-Priority Allowed Amount") against Service Merchandise Company, Inc. in Case No. 399-02469.
4. Claim No. 5156 shall be and hereby is DISALLOWED to the extent it exceeds the Non-Priority Amount.
5. 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.
6. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise against the Debtors or their estates.