Opinion
Bankruptcy No. 5:03-BK-1802, Related to Docket No. 3048.
January 29, 2005
ORDER REGARDING EIGHTH OMNIBUS OBJECTION TO CLAIMS
Upon consideration of the Eighth Omnibus Objection to Claims (the "Claim Objection") filed by the Weirton Steel Liquidating Trustee ("Liquidating Trustee") on behalf of the Weirton Steel Liquidating Trust (the "Liquidating Trust"); a hearing having been held on December 29, 2004, at which time the Claim Objection was adjourned with respect to the claims ("Adjourned Claims") of Carol A. Simmons ("Simmons"), Winner Steel Services ("Winner"), Impress ("Impress"), New Process Steel, L.P. ("New Process"), Crown Cork Seal ("Crown Cork"), and Van Can ("Van Can"); it appearing that New Process filed a notice of withdrawal of Claim No. 1837 at Docket No. 3129; the hearing having been held on the Adjourned Claims on January 24, 2005 ("Second Hearing"); due and proper notice of the Claim Objection having been given; in consideration of the statements made at the Second Hearing by counsel for the Liquidating Trust, representatives of the holders of the Adjourned Claims, and counsel for ISG Weirton Inc ("ISG"); IT IS HEREBY ORDERED THAT:
1. The Claim Objection as to Claim No. 2325 filed by Simmons is adjourned to February 22, 2005, at 10:00 a.m.
2. Based on the withdrawal by New Process of Claim No. 1837, the Claim Objection is moot as to such claim.
3. Claim No. 2000 filed by Van Can is allowed as a general unsecured claim in the amount of $201,850.80.
4. Claim No. 2337 filed by Crown Cork is allowed as a general unsecured claim in the amount of $555,000.
5. The Claim Objection is granted as to Claim No. 2211 filed by Impress as such claim has been satisfied to the extent of its validity, and such claim is hereby disallowed.
6. Claim No. 1973 filed by Winner was not assumed by ISG as asserted in the Claim Objection and is hereby allowed as a general unsecured claim in the amount of $336,706.74, without prejudice to any rights, claims and defenses either Winner or ISG may hold against one another.
7. The Liquidating Trustee, the Liquidating Trust and the claims agent, Donlin Recano Company, Inc., are authorized to take all actions necessary or appropriate to give effect to this Order.