Opinion
Case No. 02-13533 (AJG), (Jointly Administered).
October 11, 2005
MICHAEL J. GARCIA, United States Attorney, Southern District of New York, By: DANNA DRORI, (DD-7690), NICOLE GUERON, (NG-7682), Assistant United States Attorneys, New York, New York.
WEIL, GOTSHAL MANGES LLP, New York, NY, Marcia L. Goldstein, Esq., (MG 2606), Lori R. Fife, Esq., (LF 2839), Alfredo R. Pérez, Esq., Attorneys for Reorganized Debtors.
JOINT STIPULATION AND ORDER EXPUNGING CLAIM #29608 AND DEEMING CLAIM #38596 AN ALLOWED CLAIM
WHEREAS on July 21, 2002 and November 8, 2002, WorldCom, Inc. ("WorldCom") and certain of its direct and indirect subsidiaries (collectively, "Debtors") commenced cases under Chapter 11 of the United States Code (the "Bankruptcy Code");
WHEREAS by Orders dated July 22, 2002 and November 12, 2002, the Debtors' Chapter 11 cases were consolidated for procedural purposes and are being jointly administered;
WHEREAS by Order dated October 29, 2002, the Court set January 23, 2003 as the bar date for the filing of proofs of claim with respect to those Debtors who filed Chapter 11 bankruptcy petitions on July 21, 2002;
WHEREAS on January 23, 2003, the Federal Trade Commission ("FTC") filed a Proof of Claim ("Claim #29608") in the amount of $77,791.96, relating to alleged credits due for overbilling for telecommunications services provided by Debtors to the FTC;
WHEREAS on October 31, 2003, this Court entered an order confirming the Debtors' Modified Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (the "Plan");
Unless otherwise described in this Agreement, all capitalized terms shall have the meanings ascribed to them under the Plan.
WHEREAS on April 20, 2004, the Plan became effective in accordance with its terms, and, pursuant to the Plan, WorldCom, Inc. merged with and into MCI, Inc. with MCI, Inc. being the survivor;
WHEREAS on October 8, 2004, Reorganized Debtors filed "Reorganized Debtors' Forty-Second Omnibus Objection to Proofs of Claim (Customer Claims)" (the "42nd Omnibus Objection") which included an objection to Claim #29608;
WHEREAS on October 6, 2005, the FTC filed a proof of claim ("Claim #38596") in the amount of $69,832.38, relating to credits due for alleged overbilling for telecommunications services provided by Debtors to the FTC;
WHEREAS Claim #38596 amended Claim #29608;
WHEREAS the FTC has agreed to the expungement of Claim #29608 because Claim #29608 was amended and superceded by Claim #38596;
WHEREAS Debtors have agreed not to object to Claim #38596 and have agreed to deem Claim #38596 an allowed claim;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Debtors and the FTC, by their respective counsel, that Debtors shall not object to Claim #38596, that Claim #38596 shall be allowed in the amount of $69,832.38 as an Allowed WorldCom General Unsecured Claim under Class 6 of the Plan, and that Debtors shall make the Cash portion of the distribution on Claim #38596 within 30 days of the date of entry of this Stipulation.
SO ORDERED.