Opinion
Case No. 02-13533 (AJG) (Jointly Administered).
June 29, 2005
Theresa H. Pearson, Esq., MILLER NASH LLP, Portland, OR, MCI, Inc. (successor to WorldCom, Inc.).
Mark A. Shaiken, Esq., Michael J. Leahy, Esq., Andrew W. Muller, Esq., STINSON MORRISON HECKER LLP, Omaha, NE, Attorneys for Reorganized Debtors.
JOINT STIPULATION RESOLVING THE DEBTORS' OBJECTION TO CLAIM NUMBER 22518
This Joint Stipulation is made and entered into by and among the following: MCI, Inc. (successor to WorldCom, Inc.) and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the "Reorganized Debtors") and the law firm of Miller Nash LLP, (the "Claimant") (the Claimant and the Reorganized Debtors are hereinafter collectively referred to as the "Parties") with reference to the following:
WHEREAS, on July 21, 2002 (the "Commencement Date") and November 8, 2002, WorldCom, Inc. and certain of its direct and indirect domestic subsidiaries commenced cases (the "Bankruptcy Cases") under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code"). By Orders dated July 22, 2002 and November 12, 2002, the Debtors' Chapter 11 cases were consolidated for procedural purposes only and are being jointly administered; and
WHEREAS, on October 31, 2003, the Debtors' Modified Second Amended Joint Plan of Reorganization (the "Plan") was confirmed. The Plan became effective on April 20, 2004; and
WHEREAS, on October 29, 2002, this Court entered its Order (a) Pursuant to Bankruptcy Rule 3003 (c)(3) Establishing the Deadline for Filing Certain Proofs of Claim and Approving the Form and Manner of Notice Thereof (the "Bar Date Order"). The Bar Date Order established January 23, 2003 as the bar date (the "Bar Date") for filing proofs of claim in these cases. Pursuant to the terms of the Bar Date Order, on or about November 22, 2002, the Debtors mailed notice of the bar date (the "Bar Date Notice") to in excess of 1.2 million creditors and potential claimants; and
WHEREAS, on March 25, 2003, the Court entered its Order Pursuant to 11 U.S.C. § 105 Approving Notice Procedures Regarding Claim Objections and Deemed Schedule Amendment Motions ("Claim Objection Procedure Order"), approving certain procedures regarding noticing of claims objections and omnibus motions for deemed schedule amendments; and
WHEREAS, under the Plan, the Debtors were required to object to Proofs of Claim no later than October 18, 2004 (the "Objection Deadline"); and
WHEREAS, on January 22, 2003, the Claimant filed Proof of Claim No. 22518 (the "Claim"); and WHEREAS, on October 15, 2004, the Debtors filed it's Seventy-Second Omnibus Objections to Proofs of Claim (Litigation Claims) which included objections to the Claim (the "Claim Objection"); and
WHEREAS, the Parties wish to resolve the Claim and Claim Objections.
NOW THEREFORE, the Parties stipulate and agree, and the Court ORDERS, that Reorganized Debtors' objection to Proof of Claim No. 22518, filed by Miller Nash LLP, is withdrawn and Proof of Claim No. 22518 should be allowed as a general unsecured claim in the amount of $24,252.35, in full and final satisfaction of Proof of Claim No. 22518, to be paid as a Class 4 claim under the Plan.
IT IS SO ORDERED.