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IN RE WORLDCOM, INC. (Bankr.S.D.N.Y. 2006)

United States Bankruptcy Court, S.D. New York.
Apr 5, 2006
ORDER REGARDING PROOF OF CLAIM NO. 38597

ARTHUR GONZALEZ, Bankruptcy Judge

Upon consideration of proof of claim number 38597 attached hereto as Exhibit A (the "Late Filed Equity Claim"), which was filed against WorldCom, Inc. and certain of its direct and indirect subsidiaries (collectively, the "Debtors"); and it appearing that the Late Filed Equity Claim was not filed until November 2005, approximately 34 months after the January 23, 2003 bar date for filing proofs of claim in these chapter 11 cases; and it further appearing the Late Filed Equity Claim reflects a claim based on WorldCom Equity Interests, as defined in the Plan; and it appearing that, pursuant to the Plan, holders of Class 8 WorldCom Equity Interests are not entitled to receive a distribution on account of such interests; and it appearing that this Court entered an order approving the Fourteenth Omnibus Objection to Proofs of Claim (Reclassification, Subordination and, as applicable, Late Claims) (the "Subordination Order") (Docket No. 7944); and it appearing that, pursuant to the Subordination Order, the Debtors are authorized to notify claimants asserting claims arising from the purchase or sale of securities of the Debtors that such claims are reclassified as Class 7 WorldCom Subordinated Claims under the Plan, without further order of the Court; and it appearing that in accordance with the Plan, a holder of a Class 7 WorldCom Subordinated Claim will not receive a distribution on account of such claim; and it appearing that the expungement of the Late Filed Equity Claim is in the best interest of the Debtors, their estates and their creditors; and good and sufficient notice of this Order having been given to the holder of the Late Filed Equity Claim in accordance with the First Amended Case Management Order, dated December 23, 2002; and after due consideration and sufficient cause appearing therefore, it is

Capitalized terms used but not defined herein shall retain the meanings ascribed to such terms in the Plan.

ORDERED that proof of claim number 38597 is hereby disallowed and expunged in its entirety; and it is further

ORDERED that, to the extent that the Late Filed Equity Claim asserts a claim for damages arising out of the purchase or sale of securities of the Debtors, such claim shall be treated as a Class 7 WorldCom Subordinated Claim for all purposes under the Plan.