SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon the objection (the "Objection") pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, dated February 2, 2004, by Kmart Corporation and certain of its affiliates, former debtors and debtors-in-possession in the above-captioned cases (collectively, "Kmart"); it appearing to the Court that: (i) it has jurisdiction over the matters raised in the Objection pursuant to 28 U.S.C. § 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); (iii) the relief requested in the Objection is in the best interests of Kmart, their estates and their creditors; (iv) proper and adequate notice of the Objection and the hearing thereon has been given and that no other or further notice is necessary; and (v) upon the record herein after due deliberation thereon, it is hereby
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Objection.
ORDERED that the relief should be granted as set forth below,
1. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, each Amended and Superceded Claim identified by Objection Code "A" on Exhibit A shall be disallowed and expunged in its entirety.
2. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each Proof of Claim listed on Exhibit B as a "Competing Claim" on Exhibit B is hereby objected to and the Court shall schedule an evidentiary hearing on a future date, upon request by Kmart, to determine the appropriate claimholder for each Kmart store location identified on Exhibit B.
3. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each Duplicate Claim identified by Objection Code "C" on Exhibit A is hereby disallowed and expunged in its entirety.
4. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each No Contractual Liability Claim identified by Objection Code "D" onExhibit A is hereby disallowed and expunged in its entirety.
5. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each No Dollar Amount Claim identified by Objection "E" on Exhibit A is hereby disallowed and expunged in its entirety.
6. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each Satisfied Claim identified by Objection Code "F" on Exhibit A is hereby disallowed and expunged in its entirety.
7. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each Settled Claim identified by Objection Code "G" on Exhibit A is hereby reduced and allowed in the amount listed as the "Proposed Treatment" for such Claim.
8. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each Unsupported Claim identified by Objection Code "H" on Exhibit A is hereby disallowed and expunged in its entirety.
9. With respect to each Multiple Claim identified by Objection Code "I" on Exhibit A, consideration of the Objection with respect to such claims shall be continued to April 27, 2004.
10. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each Overstated Claim identified by Objection Code "J" on Exhibit A is hereby reduced and reclassified to the amount identified as the "Proposed Treatment" for such claim.
11. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, except as otherwise provided herein, each Proof of Claim listed on Exhibit C in the column titled "Sublessee Damages Claims" is disallowed and expunged in its entirety.
12. Pursuant to 11 U.S.C. § 102, 105, and 502 and F.R.Bankr.P. 3007, each "Duplicate Cure Related Claim" listed onExhibit D in the row beginning "Claim to Be Disallowed" is disallowed and expunged in its entirety.
13. With respect to each claim listed on Exhibits A, B, C, and D as "Continued," consideration of the Objection with respect to such claims shall be continued to April 27, 2004.
14. This Order is without prejudice to Kmart's right to object to any other claims in these chapter 11 cases or to further object to claims objected to herein.
15. This Court shall retain jurisdiction over Kmart and the claimants whose Proof of Claims are subject to the Objection with respect to any matters related to or arising from implementation of this Order.