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IN RE CERTIFIED AIR TECHNOLOGIES, INC., Chapter 11, Debtor

ORDER ON DEBTORS OBJECTIONS TO PROOFS OF CLAIM OF AIR CONDITIONING AND REFRIGERATION TRUST FUNDS, SHEET METAL TRUST FUNDS, AND PIPE TRADES TRUST FUNDS

PETER H. CARROLL, Bankruptcy Judge

Based upon the findings of fact and conclusions of law set forth in the court's Memorandum Decision of even date herewith, it is hereby

ORDERED that the Debtor's objections to the Proof of Claim of the Air-conditioning and Refrigeration Industry Trust Funds ("ARITF") dated July 9, 2003, as amended on August 13, 2003; Proof of Claim of the Sheet Metal Trust Funds ("STMF) dated July 9, 2003, as amended on August 13, 2003, and Proof of Claim of the Pipe Trades Trust Funds ("PTTF) dated July 9, 2003, as amended on August 13, 2003, predicated upon the application of § 1113(f) are sustained, and Debtor's objection to ARITF's claim pursuant to § 1114(e)(2) is overruled; and it is further

ORDERED that SMTF's claim for unpaid employee benefit contributions of $2,492.53, which accrued within 180 days before the filing of the petition, is allowed as an unsecured priority claim under § 507(a)(4), and its claim for liquidated damages and attorneys fees totaling $9,405.62 is allowed as a general unsecured claim; and it is further

ORDERED that PTTF's claim for delinquent benefit contributions of $17,093.41, which accrued within 180 days before the filing of the petition, is allowed as an insecured priority claim pursuant to § 507(a)(4), and its claim for liquidated damages and attorneys fees totaling $6,856.88 is allowed as a general unsecured claim; and it is further

ORDERED that ARITF's claim for $45,574.52 in delinquent pre-petition contributions to the Health Fund is allowed as an administrative expense pursuant to § 1114(e)(2); and it is further

ORDERED that ARITF's claim for $10,589.87 representing delinquent contributions, to the "Vacation Account," which accrued within 90 days prior to bankruptcy, is allowed under § 507(a)(3), and the remaining plan contributions of $79,015.11 accruing within 180 days before the filing of CAT'S petition is allowed under § 507(a)(4); and it is further

ORDERED that ARITF's claim for liquidated damages and attorneys fees totaling $21,359.17 is allowed as a general unsecured claim.

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IN RE CERTIFIED AIR TECHNOLOGIES, INC. (Bankr.C.D.Cal. 2003)
(Sep 30, 2003)