Opinion
Bankruptcy No. 5:03-BK-1802, Related to Docket No. 3048.
April 21, 2005
ORDER DISALLOWING CLAIM 2325 FILED BY CAROL A. SIMMONS
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 claim no 2325 ("Simmons Claim") filed by Carol A. Simmons ("Simmons"); subsequent hearings having been held on the Simmons Claim on February 22, 2005, and April 19, 2005; this Court having entered an Order dated March 16, 2005 (the "Scheduling Order"), directing Simmons to file a pleading stating, inter alia, the nature, amount and legal basis of the Simmons Claim; Simmons having failed to file any pleading as directed by the Scheduling order as of the date of this Order; Simmons having failed to appear either personally or through counsel at the hearing on April 19, 2005; due and proper notice of the Claim Objection and the Scheduling Order having been given; in consideration of the statements made at the various hearings by Simmons, counsel for the Liquidating Trust, and counsel to the Independent Steelworkers Union; it appearing that there is no basis for Simmons to be entitled to recovery from the Liquidating Trust on account of the Simmons Claim; IT IS HEREBY ORDERED THAT:
1. The Claim Objection as to Claim No. 2325 filed by Simmons is GRANTED, AND Claim No. 2325 is hereby disallowed in its entirety.
2. 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.