L. FRIEND, Bankruptcy Judge
Upon consideration of the Tenth Omnibus Objection to Claims (the "Objection") filed by the Weirton Steel Liquidating Trustee ("Liquidating Trustee") on behalf of the Weirton Steel Liquidating Trust (the "Liquidating Trust"); due and proper notice of the Objection having been given; responses to the Objection having been filed by PE Technologies, Inc., Corporate Express, Inc., Millcraft SMS Services, LLC, and Comprehensive Logistics Co., Inc.; upon consideration of the statements of counsel at the hearing on February 22, 2005; and having determined that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein,
IT IS HEREBY ORDERED THAT:
1. The relief sought by the Liquidating Trust in the Objection is granted as modified by this Order.
2. All capitalized terms used herein shall have the meaning given to such terms in the Objection.
3. Each of the claims identified on Exhibit "A" attached hereto are disallowed and expunged without prejudice to the rights of the holders of such claims to seek payment thereof from ISG Weirton Inc. (the "Buyer"), a wholly owned affiliate of International Steel Group Inc., and without prejudice to Buyer's defenses to such claims; provided, however, that nothing in this Order expands, modifies or alters in any way the rights, obligations or liabilities of Buyer under the APA, Sale Order and related documents and other Orders of this Court; and provided further that nothing contained in this Order shall in any way modify, affect, diminish, expand, or impair any of the rights or obligations of the Buyer or General Electric Capital Corporation ("GECC") under any leases between GECC, as Lessor, and Weirton Steel Corporation ("WSC"), as Lessee, that were previously hereto assumed by WSC and assigned to the Buyer; and provided further that notwithstanding any provision in this Order to the contrary, Claim No. 203 filed by Xerox Corporation is not disallowed, but instead is hereby reduced to $69,787.77.
4. Each of the claims identified on Exhibit "B" attached hereto are disallowed and expunged as they are time barred by operation of this Court's Prepetition Bar Date Order and its Administrative Claims Bar Date Order, and no excusable reason has been shown to justify their late filing.
5. The claim identified on Exhibit "C" attached hereto is disallowed and expunged because such claim is duplicative of the Indenture Trustee Claims filed by the Indenture Trustee in its representative capacity on behalf of the Bondholder.
6. Each of the claims identified on Exhibit "D" attached hereto are disallowed and expunged as there is no legal or equitable bases for the claims.
7. Each of the claims identified on Exhibit "E" attached hereto are disallowed and expunged, provided, however, that nothing herein shall limit or modify the settlement terms between the Debtor, or, where applicable, the Liquidating Trustee acting on behalf of the Liquidating Trust, and the holders of those claims identified on Exhibit "E", nor shall the claims resulting from such settlements be affected.
8. Each of the claims identified on Exhibit "F" attached hereto are reduced and allowed in the amounts set forth under the column entitled "Amount To Be Allowed" on Exhibit "F" because the amounts asserted by holders of the claims identified on Exhibit "F" are either excessive, improperly include claims for interest where no such entitlement exists, and/or improperly include baseless unliquidated amounts above the asserted liquidated claim.
9. Each of the Duplicate Claims and the Amended Claims identified on Exhibit "G" attached hereto in the column entitled "Expunged Claim #" are disallowed, with the surviving claims being listed in the column entitled "Surviving Claim #" and in the corresponding amount in the "Surviving Claim Amount" column.
10. With respect to the Millcraft Claims, the balance of Claim No. 2697 is allowed as a general unsecured claim in the amount of $48,283.62; Claim No. 2448 is disallowed in its entirety; and Claim No. 2249 is allowed as a general unsecured claim in the reduced amount of $1,675,889.87. The hearing on the Objection with respect to Claim No. 2250 is continued to March 16, 2005, at 1:30 p.m. prevailing Eastern time.
11. Claim Nos. 1963, 70 and 22 filed by PE Technologies, Inc., are hereby disallowed and Claim No. 20590 is hereby allowed as a general unsecured prepetition claim in the amount of $160,000.
12. The Objection is withdrawn without prejudice as to Claim Nos. 1860, 2221, 1929 and 2216, filed by BSI Commodities, Inc., Davy Roll Company, ESM II LP, and Union Electric Steel Corporation, respectively.
13. The hearing on the Objection with respect to Claim Nos. 50139, 2544, and 1409 asserted by Bell Atlantic West Virginia, Comprehensive Logistics Co., Inc. and Corporate Express, Inc., is continued to March 16, 2005, at 1:30 p.m. prevailing Eastern time.
14. The Objection is withdrawn without prejudice as to Claim Nos. 20581 and 20582 filed by Mull Industries, Inc. and Nail City Bronze, Inc., respectively, and the Liquidating Trust's objection to such claims shall be addressed by the Court in the context of Adversary Proceeding No. 5:05-ap-21.
15. Except for the express allowance of a claim by this Order, nothing herein shall bar or preclude further objection to any claim by the Liquidating Trustee.
16. The Liquidating Trustee, the Liquidating Trust and the claims agent, Donlin Recano Company, Inc., are authorized to take all actions necessary or appropriate to give effect to this Order.
WEIRTON STEEL CORPORATION CASE NO. 03-1802 TENTH OMNIBUS OBJECTION TO CLAIMS
EXHIBIT A — CLAIMS ASSUMED BY ISG AND TO BE DISALLOWED CLAIM CREDITOR CLAIM # AMOUNT AKERS NATIONAL ROLL 2322.00 $265,325.00 AMERICAN LIME STONE COMPANY 50087.00 $72,376.51 CANDLE CORPORATION 50180.00 $15,000.00 COLUMBIA GAS TRANSMISSION CORP 2113.00 $69,061.03 COMPAQ COMPUTER CORPORATION 50220.00 $63,875.66 DELL, INC 1442.00 $7,342.00 EBERHARD KLEMENS COMPANY 50285.00 $83.84 FERGUSON TIRE SERVICE COMPANY INC. 392.00 $128,754.40 FORCAST 2323.00 $215,032.00 FUNDICION 50342.00 $80,600.00 GENERAL DATA COMPANY INCORPORATED 50352.00 $2,052.20 GENERAL ELECTRIC CAPITAL 2796.00 $429,546.98 GENERAL ELECTRIC CAPITAL 2004.00 $0.00 GREAT LAKES INSTRUMENTS 50382.00 $446.00 HACH COMPANY 2056.00 $30,554.07 HERZOG 50418.00 $7,174.01 HEWLETT PACKARD COMPANY 2194.00 $52,165.23 HONEYWELL PAI 237.00 $1,000.00 ICI SOLUTIONS 374.00 $16,537.80 ICI SOLUTIONS 375.00 $4,377.50 LAFARGE CONSTRUCTION MATERIALS 277.00 $73,851.36 McCULLOUGH ELECTRIC COMPANY 2091.00 $1,635.00 MICRO FOCUS INCORPORATED 50574.00 $900.00 MISSISSIPPI LIME COMPANY 451.00 $120,085.18 NEO INDUSTRIES INCORPORATED 378.00 $118,982.00 PERFORMIX TECHNOLOGIES 2075.00 $1,093.07 ROSEMOUNT INC — MEASUREMENT DIVISION 50775.00 $1,713.95 SEVERN TRENT LABORATORIES INC 664.00 $585.00 SIEMENS ENTERPRISE NETWORKS 58.00 $63,766.52 SRI — SOIL REMEDIATION INC 937.00 $64,653.16 STERLING COMMERCE AMERICAS, INC 24.00 $45,589.50 STRAUSS INDUSTRIES 50859.00 $140,231.05 STRAUSS LLC 50860.00 $8,953.99 SYMPHONY SERVICE CORP. 2.00 $8,536.08 TRANSAMERICA EQUIPMENT FINANCIAL SVCS CORP. 1836.00 $0.00 TRANSAMERICAN AUTOMATION INC. 50914.00 $10,198.32 TRI STATE REPROGRAPHICS 50923.00 $5,627.00 UNIVERSITY OF PITTSBURGH 2198.00 $4,626.49 USFILTER OPERATING SERVICES, INC. 76.00 $455,609.73 VOTO MANUFACTURERS SALES COMPANY 50978.00 $31,147.12 WHEELING LAKE ERIE RAILWAY CO. 51015.00 $17,100.00 YOKOGAWA CORPORATION OF AMERICA 51037.00 $2,695.76 XEROX CORPORATION (18,634.31 is assumed by ISG) 203.00 $88,422.08 *allow at reduced amount of $69,787.77
EXHIBIT B — LATE FILED CLAIMS TO BE DISALLOWED
CREDITOR CLAIM # CLAIM DATE CLAIM AMOUNT FOLEY MATERIAL HANDLING CO, INC. 20586.00 10/25/2004 $8,190.00 RECO EQUIPMENT, INC. 20585.00 10/21/2004 $26,887.02 RHYNO EXPRESS, INC. 20249.00 6/24/2004 $12,622.83
EXHIBIT C — BONDHOLDER CLAIMS TO BE DISALLOWED
CLAIM CREDITOR CLAIM # AMOUNT URCH* JACK W./DORIS C. 20591.00 8,000.00
EXHIBIT D — CLAIMS WITHOUT MERIT TO BE DISALLOWED
CLAIM CREDITOR CLAIM # AMOUNT AMERICAN INTERNATIONAL SPECILTY LINES ET. AL 1481.00 0.00 BASELL USA INCORPORATED 1406.00 0.00 DAVIS* CINDI D 20477.00 18,332.00 GARVER ASSOCIATES 1574.00 0.00 HEIL* HEIDI E 660.00 0.00 IRS — DEPARTMENT OF TREASURY 94.02 80,677.04 MOTIVE POWER INCORPORATED 50601.00 5,174.56 OPTICON INCORPORATED 50661.00 261.00
EXHIBIT E — CLAIMS PAID OR SETTLED AND TO BE DISALLOWED
CLAIM CREDITOR CLAIM # AMOUNT BROWN JR.* PHILIP 20308.00 0.00 EQUITABLE ENERGY LLC 1835.00 15,428.00 GENERAL MOTORS ACCEPTANCE CORPORATION 40.00 17,187.02 GENERAL MOTORS ACCEPTANCE CORPORATION 65.00 12,626.96 INTERNATIONAL STEEL GROUP, INC. 20370.00 0.00 REED SMITH LLP 100.00 30,726.02 STEVENS PAINTON CORPORATION 2565.00 150,449.00
EXHIBIT F — CLAIMS TO BE ALLOWED IN REDUCED AMOUNT
CLAIM AMOUNT TO BE CREDITOR CLAIM # AMOUNT ALLOWED DMS BLISS CORPORATION 614.00 $0.00 $17,824.00 GLENCORE LTD. 59.00 $97,952.00 $87,952.00 KB ELECTRIC MOTOR SERVICE INC 871.00 $56,190.65 $24,050.00 STARKEY LABORATORIES INCORPORATED 309.00 $45,488.08 $45,488.08 TRANSCAT 134.00 $0.00 $1,062.60 WESTLAKE ANALYTICAL 1309.00 $32,410.00 $32,410.00 XEROX CORPORATION 203.00 $88,422.08 $69,787.77
EXHIBIT G — DUPLICATE CLAIMS TO BE DISALLOWED SURVIVING CLAIM EXPUNGED SURVIVING CLAIM CREDITOR #
CLAIM # AMOUNT KB ELECTRIC MOTOR SERVICE INC. 871 892.00 $24,050.00 WESCO DISTRIBUTION, INC. 803 1170.00 $447,526.67