Opinion
Bankruptcy No. 5:03-BK-1802, Related to Docket No. 3078.
May 12, 2005
ORDER GRANTING RELIEF FROM STAY AND PLAN INJUNCTION AS TO CLAIM 2442 FILED BY MARY ANN DUNOPE
Upon consideration of the Ninth 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 response to the Claim Objection having been filed by Mary Ann Dunope ("Dunope"); a hearing having been held on January 24, 2005, at which time the Claim Objection was adjourned with respect to claim no. 2442 ("Dunope Claim") filed by Dunope; IT IS HEREBY ORDERED THAT:
1. Dunope is granted relief from the automatic stay of section 362 of the Bankruptcy Code and the injunctive provisions of the Plan of Liquidation confirmed by this Court on August 24, 2004, with respect to C.A. No. 01-2017 styled Mary Ann Dunope v. Weirton Steel Corporation (the "Civil Action") pending in the United States District Court for the Western District of Pennsylvania ("District Court"); provided, however, that such relief is granted solely to permit the parties in the Civil Action to take any and all actions, including completion of briefing and argument, if requested by the District Court, in order to resolve the Motion for Summary Judgment of Weirton Steel Corporation ("Motion for Summary Judgment") pending in the Civil Action, and for the District Court to decide such motion.
2. If the District Court grants the Motion for Summary Judgment, then the Liquidating Trustee and Donlin Recano Company are authorized to take any and all actions necessary to have the claims register in this case reflect the disallowance of the Dunope Claim.
3. If the District Court denies the Motion for Summary Judgment, then the Liquidating Trustee shall so inform this Court and request a prompt status conference so that this Court may decide whether the Civil Action should proceed or whether the Dunope Claim should be tried before this Court.