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IN RE: CONSUMERS IGA THRIFTWAY, INC., an Arkansas corporation, MARVIN'S BFL OF TULSA, INC., an Oklahoma corporation, MARVIN'S IGA, INC., an Oklahoma corporation, MARVINS, INC., an Arkansas corporation, MARVIN'S, INC., a Kansas corporation, JAMES L. MARVIN, JR., REVOCABLE TRUST AND PAMELA S. MARVIN REVOCABLE TRUST, A PARTNERSHIP, JAMES L. MARVIN JR. REVOCABLE TRUST, A SOLE PROPRIETORSHIP, JAMES L. MARVIN, JR., REVOCABLE TRUST AND JAMES L. MARVIN III, A PARTNERSHIP, (Chapter 7), Debtors.

ORDER APPROVING SETTLEMENT (Deephaven Enterprises, Inc.)

TOM CORNISH, Bankruptcy Judge

THIS MATTER comes before the Court pursuant to the Trustee's Motion to Approve Settlement ("Motion") regarding a settlement of the Trustee's Objection to Claim of Deephaven Enterprises, Inc. ("Deephaven"). The Court, having reviewed the matters of record in the above case

FINDS:

1. The Motion was filed on July 26, 2005. Notice of the Motion including notice of the hearing thereon set for September 7, 2005 at 9:00 a.m. was properly filed and served on all persons entitled to notice under applicable rules as reflected by a Certificate of Service filed July 29, 2005. Notice of the Motion is sufficient and proper in all respects.

2. The Motion requested approval of settlement allowing the Claim of Deephaven in the amount of $190,000 as a general, unsecured, non-priority claim.

3. No Objection to the Motion was filed or served within the required time and therefore, pursuant to applicable rules, the Court may grant the requested relief and strike the hearing thereon.

4. For good cause otherwise shown

IT IS ORDERED that the Motion is granted and the settlement of the Objection to the Claim of Deephaven is approved. Pursuant to the settlement, the Deephaven Claim in the above estate is allowed in the amount of $190,000 as a general, unsecured, non-priority claim and except to the extent allowed herein, Deephaven shall have no other claim in the estate.

IT IS FURTHER ORDERED that the hearing on the Motion set for September 7, 2005, at 9:00 a.m. is stricken.

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IN RE CONSUMERS IGA THRIFTWAY, INC. (Bankr.E.D.Okla. 2005)
(Aug 22, 2005)