IN RE TOM THUMB FOOD MARKETS, INC. (Bankr.D.Minn. 2005)

DENNIS O'BRIEN, Chief Judge, Bankruptcy

This matter came before the Court on the motion of Nauni J. Manty, as Chapter 7 Trustee of Tom Thumb Food Markets, Inc. (the "Trustee"), allowing her to pay certain prepetition priority employee wage, vacation and related payroll tax claims and an Internal Revenue Service priority tax claim (the "Motion"). Appearances were as noted on the record. Based upon the Motion, responsive pleadings, if any, arguments of counsel, and all the files and records in this case:

The Trustee's Motion is granted, in part, as follows:

(i) The Trustee is allowed to pay the Internal Revenue Service priority tax claim in the amount of $48,168.66;

(ii) The Trustee is allowed to pay all prepetition priority employee wage, vacation and related payroll tax claims listed on Exhibit A to the Trustee's Motion with the exception of the prepetition priority wage, vacation and payroll tax claims of Gus Tarr, Craig Swanson, Lyle Raveling and Paul Huber ("Disputed Claims"); and,

(iii) Pursuant to the Court's Scheduling Order and Order for Evidentiary Hearing dated July 14, 2005, an evidentiary hearing is scheduled for October 4, 2005 at 9:30 with regards to the Disputed Claims.