Opinion
Bankruptcy No. 5:03-BK-1802.
April 21, 2005
ORDER GRANTING RELIEF SOUGHT IN ELEVENTH OMNIBUS OBJECTION TO CLAIMS
Upon consideration of the Eleventh 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"); due and proper notice of the Objection having been given; a hearing having been held on the Objection on April 19, 2005; 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 as modified by this Order.
2. All capitalized terms used herein shall have the meaning given to such terms in the Objection.
3. The claim identified on Exhibit "A" attached hereto is disallowed and expunged as it is time barred by operation of this Court's Administrative Claims Bar Date Order, and no excusable reason has been shown to justify its late filing.
4. The claim identified on Exhibit "B" attached hereto is disallowed and expunged as there is no legal or equitable basis for the claim.
5. Each of the claims identified on Exhibit "C" attached hereto are disallowed and expunged, provided, however, that nothing herein shall limit or modify the settlement terms between the Debtor, or, where applicable, the Liquidating Trustee acting on behalf of the Liquidating Trust, and the holders of those claims identified on Exhibit "C", nor shall the claims resulting from such settlements be affected.
6. Each of the claims identified on Exhibit "D" attached hereto are reduced and allowed in the amounts set forth under the column entitled "Amount To Be Allowed" on Exhibit "D" because the amounts asserted by holders of the claims identified on Exhibit "D" are either excessive, improperly include claims for interest where no such entitlement exists, and/or improperly include baseless unliquidated amounts above the asserted liquidated claim.
7. Each of the Duplicate Claims and the Amended Claims identified on Exhibit "E" attached hereto in the column entitled "Expunged Claim #" are disallowed, with the surviving claims being listed in the column entitled "Surviving Claim #" and in the corresponding amount in the "Surviving Claim Amount" column.
8. The hearing on the Objection shall be adjourned to May 25, 2005 at 1:30 p.m. with respect to (i) Claim 2003 and Docket No. 738 asserted by Solid Waste Services ("Solid Waste"), and (ii) Claim 20168 asserted by Terry and Lisa Jacobs ("Jacobs"). The deadline for Jacobs and Solid Waste to file with the Bankruptcy Court a written response to the Objection shall be May 20, 2005, and any response shall also be served on counsel to the Liquidating Trust.
9. Nothing herein shall bar or preclude further objection to any claim by the Liquidating Trustee.
10. 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 ELEVENTH OMNIBUS OBJECTION TO CLAIMS EXHIBIT A — CLAIMS TO BE DISALLOWED AS LATE-FILED
CREDITOR CLAIM # DATE FILED CLAIM AMOUNT
RITTER TECHNOLOGY, LLC 20602 1/27/2005 $5,421.66