Opinion
Case No. 02-13533 (AJG), (Jointly Administered).
May 16, 2005
Mark A. Shaiken, Esq., Douglas Y. Curran, Esq., Angela G. Heppner, Esq., STINSON MORRISON HECKER LLP, Attorneys for Debtors and Debtors in Possession, Kansas City, MO.
Kiah T. Ford IV, PARKER, POE, ADAMS BERNSTEIN LLP, Charlotte, NC, Attorney for Domnick Hunter Limited.
MCI, Inc. (successor to WorldCom, Inc.), Angela G. Heppner, STINSON MORRISON HECKER LLP, Kansas City, Missouri, Attorneys for Reorganized Debtors.
JOINT STIPULATION WITHDRAWING CLAIM NUMBER 15418 FILED BY DOMNICK HUNTER LIMITED
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 domnick hunter limited (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 Reorganized 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 Reorganized Debtors were required to object to Proofs of Claim no later than October 18, 2004 (the "Objection Deadline"); and
WHEREAS, on January 21, 2003, the Claimant filed Proof of Claim No. 15418 (the "Claim"); and WHEREAS, on October 15, 2004, the Reorganized Debtors filed objections to the Claim in their 72nd Omnibus Objection (the "Claim Objections"); and
WHEREAS, on November 12, 2004, the Claimant filed a response to the Claim Objections, asserting the validity of its Claim; and
WHEREAS, the Parties wish to withdraw the Claim and Claim Objections regarding the Claim.
NOW THEREFORE, the Parties stipulate and agree, and the Court ORDERS, that Proof of Claim No. 15418 and the Reorganized Debtors' objections to Proof of Claim No. 15418 included within the Claim Objections are withdrawn.
IT IS SO ORDERED.