From Casetext: Smarter Legal Research

In re STM Industries, Inc.

United States Bankruptcy Court, D. Massachusetts, (Eastern Division)
May 17, 2007
Case No. 04-12576-RS (Bankr. D. Mass. May. 17, 2007)

Opinion

Case No. 04-12576-RS.

May 17, 2007

DONALD R. LASSMAN, Chapter 7 Trustee of STM Industries, Inc., By his attorneys, Alex F. Mattera, BBO No. 641760, McCarter English, LLP, Boston, MA.


MOTION TO AMEND ORDER ON TRUSTEE'S FIRST OMNIBUS OBJECTION TO PROOFS OF CLAIM


Donald R. Lassman, the duly-appointed chapter 7 trustee (the "Trustee") in the bankruptcy case of STM Industries, Inc. (the "Debtor"), respectfully requests that this Court amend the Order dated May 14, 2007, sustaining the Trustee's First Omnibus Objection to Claims (the "Objection"). In support thereof, the Trustee respectfully represents as follows:

1. The Trustee filed the Objection on March 2, 2007. Subsequently, the Trustee received an informal response from Tri-Town, a creditor of the Debtor. Tri-Town's claim was scheduled as a general unsecured claim in the amount of $3,700. Tri-Town timely filed its proof of claim asserting a general unsecured claim in the amount of $4,200.

2. The Trustee objected to the claim of Tri-Town, asserting as his basis that the claim differed in amount from the Debtor's books and records as reflected on the Debtor's schedules, and that Tri-Town failed to supply documentation in support of its claim. Tri-Town then furnished the Trustee with such documentation.

3. The Trustee's review of the Tri-Town claim supported the increased amount of $4,200. Consequently, as reported in the Trustee's report and hearing agenda filed on May 11, 2007, the Trustee requested that Tri-Town's claim be allowed as a general unsecured claim in the amount of $4,200.

4. On May 14, 2007, the Court entered an Order sustaining the Trustee's Objection, but allowing the claim of Tri-Town in the reduced, scheduled amount of $3,700. The Trustee therefore requests that the Court enter an Amended Order with respect to Tri-Town's claim only to correct the amount.

WHEREFORE, for all for forgoing reasons, the Trustee requests that the Court: (i) enter the proposed Amended Order attached hereto; and (ii) grant such other and further relief as just and necessary.

UNITED STATES BANKRUPTCY COURT, DISTRICT MASSACHUSETTS, (Eastern Division).

In re Chapter 7, STM INDUSTRIES, INC., Case No. 04-12576-RS. Debtor.

AMENDED ORDER SUSTAINING TRUSTEE'S FIRST OMNIBUS OBJECTION TO PROOFS OF CLAIM

Pursuant to the First Omnibus Objection to Claims (the "Objection") of Donald R. Lassman, the duly-appointed chapter 7 trustee (the "Trustee") of STM Industries, Inc. (the "Debtor"), seeking an Order, pursuant to sections 502, 506, 507, and 704(a)(5) of title 11 of the United States Code (the "Bankruptcy Code"), as complemented by Rules 3002 and 3007 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), and Massachusetts Local Banrkuptcy Rule ("MLBR") 3007-1; and after consideration of the Objection, Exhibit A thereto; and any responses having been filed thereto; and upon the full record of the hearing, if any, and all prior proceedings in this case; and after due diligence and sufficient cause appearing therefor, it is hereby

FOUND THAT:

a) Notice of the Objection has been provided as set forth in the Objection, and no other or further notice is necessary or required.

b) The relief requested in the Objection is in the best interests of the Debtor, the Estate, creditors and other parties in interest; and it is therefore
ORDERED, ADJUDGED AND DECREED THAT:

1) Pursuant to sections 502, 506, 507, and 704(a)(5) of the Bankruptcy Code, as complemented by Bankruptcy Rules 3002 and 3007, and MLBR 3007-1, the Claims are either: (a) disallowed in their entirety; (b) reduced and allowed as indicated on Exhibit A hereto; or (c) allowed as filed. The Allowed Amount of such claims is set forth on Exhibit A.

2) This Order is without prejudice to the Trustee's right to object to the Claims subject to the Objection hereto on grounds other than as stated in the Objection and is without prejudice to the Trustee's right to object on any grounds as to any and all other Claims filed herein, including any other Claims held by the Claimants whose Claims are disallowed and expunged and/or reduced and allowed hereunder.

SO ORDERED.

EXHIBIT A

The unsecured claim of TD Banknorth, successor to Boston Federal Savings Bank ("TDBN"), in the amount of $104,000 (the "TDBN Claim") shall be subordinated to all allowed unsecured claims and shall receive no payment until all other claims receive payments in the aggregate amount of $75,000, after which all allowed general unsecured claims, including the TDBN claim, shall receive pro rata distributions from any available funds.

Claim Claim Claimant No. Claim Amount Characterization TD Banknorth, successor to Boston Federal Savings Bank 1, 2 $235,000.00 Secured $104,000.00 Unsecured Romanow Containers 3 $37,279.24 Unsecured United States Trustee's Office 4 $500.00 Priority LJM Packaging Co., Inc. 5 $1,271.50 Unsecured New England Die Cutting 6 $59,688.39 Unsecured CCR Assoc. 9 $1,500.00 Unsecured Massachusetts Department of Revenue 15 $456.00 Administrative EDCO Supply 16 $2,044.37 Unsecured Tri-Town 17 $4,200.00 Unsecured Massachusetts Department of Revenue 18 $456.94 Priority $6.84 Unsecured Yunitz Engineering 21 $3,542.00 Unsecured


Summaries of

In re STM Industries, Inc.

United States Bankruptcy Court, D. Massachusetts, (Eastern Division)
May 17, 2007
Case No. 04-12576-RS (Bankr. D. Mass. May. 17, 2007)
Case details for

In re STM Industries, Inc.

Case Details

Full title:In re STM INDUSTRIES, INC., Chapter 7, Debtor

Court:United States Bankruptcy Court, D. Massachusetts, (Eastern Division)

Date published: May 17, 2007

Citations

Case No. 04-12576-RS (Bankr. D. Mass. May. 17, 2007)