Opinion
Bankruptcy No. 5:03-BK-1802, Related to Docket No. 3078.
January 25, 2005
ORDER GRANTING RELIEF SOUGHT IN NINTH OMNIBUS OBJECTION TO CLAIMS
Upon consideration of the Ninth Omnibus Objection to Claims (the "Objection") filed by the Weirton Steel Liquidating Trustee ("Liquidating Trustee") on behalf of the Weirton Steel Liquidating Trust (the "Liquidating Trust"); responses to the Objection having been filed by Clifford Davies III ("Davies"), Mary Ann Dunope ("Dunope"), Mark and Mary Roach and Willa Weaver ("Roach/Weaver"), and Vivian Lee Mitchell ("Mitchell"); due and proper notice of the Objection having been given; and having determined that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein,
IT IS HEREBY ORDERED THAT:
1. The relief sought by the Liquidating Trust in the Objection is granted.
2. All capitalized terms used herein shall have the meaning given to such terms in the Objection.
3. The response of Mitchell is overruled and each of the Insurance Claims identified on Exhibit "A" attached hereto are reduced to the corresponding "SIR Amount" set forth for on Exhibit "A", subject to the right of the Liquidating Trustee to seek the disallowance or further reduction of such claims.
4. The claims identified on Exhibit "B" attached hereto are disallowed and expunged as they are duplicative of the WVWCC Claim; provided, however, that this Order shall not prejudice the rights of the holders of the WC Claims to assert such claims against the Fund nor shall any provision in this Order prejudice any defense that the WVWCC may assert to any of the WC Claims.
5. The claims identified on Exhibit "C" attached hereto are disallowed and expunged because they are without legal merit.
6. The claims set forth on Exhibit "D" attached hereto are disallowed and expunged.
7. The claim set forth on Exhibit "E" attached hereto is disallowed and expunged as such claim is without merit as to Weirton and the Liquidating Trust.
8. The claims set forth on Exhibit "F" attached hereto are disallowed and expunged as such claims have been settled and satisfied and the Liquidating Trust has no further liability to the holders of such claims.
9. The claims set forth on Exhibit "G" attached hereto in the column "Claim #" are disallowed as duplicate claims, with the claims set forth in the column "Surviving Claim" surviving, subject to the other provisions of this Order and subject to the right of the Liquidating Trust to object to such Surviving Claims in the future on any basis.
10. The hearing on the Objection is adjourned with respect to Claim Nos. 1294, 2442 and 1881 (the "Adjourned Claims") filed by Davies, Dunope, and Roach/ Weaver, respectively. This Court will hold a status conference on the Adjourned Claims on February 22, 2005, at 10:00 a.m.
11. Nothing herein shall bar or preclude further objection to any claim by the Liquidating Trustee.
12. 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.
WEIRTON STEEL CORPORATION Case No. 03-1802 NINTH OMNIBUS OBJECTION TO CLAIMS
EXHIBIT A INSURANCE CLAIMS TO BE REDUCED TO SIR AMOUNT CREDITOR CLAIM # CLAIM AMOUNT SIR AMOUNT
ANGELO, MARY KAY ANGELO, ET AL.* GERALD 1265 1,750,000 1,000,000 BENNETT* AARON MARTHA 640 5,000,000 500,000 CLAYTON* PAUL 532 UNLIQUIDATED 500,000 DRENNAN* RICHARD 2209 2,000,000 1,000,000 GUMP* JAMES W. 2193 250,000 0 MITCHELL* VIVIAN 163 UNLIQUIDATED 400,000 RILEY* JAMES 1476 UNLIQUIDATED 0 STOUFFER 159 750,000 500,000WEIRTON STEEL CORPORATION Case No. 03-1802 NINTH OMNIBUS OBJECTION TO CLAIMS
EXHIBIT B DUPLICATE WORKERS' COMPENSATION CLAIMS TO BE DISALLOWED CREDITOR CLAIM # CLAIM AMOUNT
BEAGLE* JAMES RANDY 2586 UNLIQUIDATED BROWN* JOANN T 2611 UNLIQUIDATED BUTLER* GWEN M 2037 UNLIQUIDATED CLINE* WAYNE A 2589 UNLIQUIDATED COTTRILL* RICKY O 2225 UNLIQUIDATED ELLIOTT* DAVID L 2185 UNLIQUIDATED FANKHOUSER* ELIZABETH 2175 UNLIQUIDATED FANKHOUSER* HENRY 2174 UNLIQUIDATED FINDLEY* RICHARD 1377 UNLIQUIDATED GALOWNIA* ANNA M 2400 UNLIQUIDATED GEER, ROSCOE H 2639 UNLIQUIDATED GILL JR* SAMUEL M 2631 UNLIQUIDATED KISH* GARY A. 2473 UNLIQUIDATED LASSAN JR* WILLIAM 2484 UNLIQUIDATED MORGAN* EDWARD A 2030 UNLIQUIDATED O'BRIEN* JAMES D 2415 UNLIQUIDATED O'NEILL* WILLIAM P. 491 UNLIQUIDATED ROBINSON* WESLEY A 2607 UNLIQUIDATED SATERIDES* NICK 2162 UNLIQUIDATED THORNE* CAROLYN KAPIRIS 2367 UNLIQUIDATED WRIGHT* DANNIE O 2355 UNLIQUIDATED
WEIRTON STEEL CORPORATION Case No. 03-1802 NINTH OMNIBUS OBJECTION TO CLAIMS
EXHIBIT C MERITLESS LITIGATION CLAIMS TO BE DISALLOWED CREDITOR CLAIM # CLAIM AMOUNT
ISLER* GLENN 2059 226,596 REINARD* TIMOTHY A 2317 UNLIQUIDATED STOCK JR, JAMES L 2078 350,000.00
WEIRTON STEEL CORPORATION Case No. 03-1802 NINTH OMNIBUS OBJECTION TO CLAIMS
EXHIBIT D ATTORNEYS' FEE CLAIMS TO BE DISALLOWED CREDITOR CLAIM # CLAIM AMOUNT
DEBARTOLOMEO* JOSEPH B. 2635 500,000 FAHEY RISOVICH LAW OFFICE 1669 UNLIQUIDATED
WEIRTON STEEL CORPORATION Case No. 03-1802 NINTH OMNIBUS OBJECTION TO CLAIMS
EXHIBIT E CLAIM AGAINST THIRD PARTY TO BE DISALLOWED CREDITOR CLAIM # CLAIM AMOUNT
DUCO* MELISSA 316 1,000,000
WEIRTON STEEL CORPORATION Case No. 03-1802 NINTH OMNIBUS OBJECTION TO CLAIMS
EXHIBIT F SETTLED AND SATISFIED LITIGATION CLAIMS TO BE DISALLOWED CREDITOR CLAIM # CLAIM AMOUNT
BARTOLI, ET AL* DAVID 733 UNLIQUIDATED JAMES E. VELLIKY AND DESIGN ANALYSIS, INC. 2008 75,000 LAVENDER* ROSS W 2206 UNLIQUIDATED McGROGAN* JAMES P 245 UNLIQUIDATED PANNETT* JAMES PANNETT, SR., JOYCE 111 UNLIQUIDATED WILLIAMS* JACK 1019 600,000 ZRINYI JR* VICTOR F 2191 UNLIQUIDATED
WEIRTON STEEL CORPORATION Case No. 03-1802 NINTH OMNIBUS OBJECTION TO CLAIMS
EXHIBIT G DUPLICATE CLAIMS TO BE DISALLOWED
SURVIVING CREDITOR CLAIM # CLAIM
MORGAN III* EDWARD A 2029 2030 RILEY* JAMES 737 1476The Surviving Claims are included on and affected by other exhibits of this Order.