Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN RE SERVICE MERCHANDISE COMPANY INC., (Bankr.M.D.Tenn. 2003)

United States Bankruptcy Court, M.D. Tennessee, Nashville Division.
May 1, 2003
NOTICE AND AGREED ORDER OF RESOLUTION OF PERSONAL INJURY CLAIM OF DORIS PESENTE (CLAIM NO. 1330)

GEORGE C. PAINE, II, United States Bankruptcy Judge

NOTICE

Notice is hereby given that Service Merchandise Company, Inc. ("Service Merchandise") and 31 of its affiliates (the "affiliate Debtors"), debtors and debtors-in-possession in the above-captioned cases (Service Merchandise and the Affiliated Debtors, collectively, the "Debtors") have agreed to a resolution of a Personal Injury Claim filed by Doris Pesente. Please be advised that the agreement has been approved in the Agreed Order set. forth below. Unless a written objection is timely filed and served, the Order below will be deemed final and effective as of the date of entry by the Court, without further notice or hearing. If a timely objection is filed, the Motion will be heard at the next scheduled Omnibus hearing in these cases.

Objections to the agreement granted in the Agreed Order below must be made in writing and filed with the United States Bankruptcy Court and served on the undersigned counsel and counsel for the Committee on or before twenty (20) days after the date of mailing of this Notice and Order. Any objection filed must conform to the Federal Rules of Bankruptcy Procedure, the Local Rules for the United States Bankruptcy Court for the Middle District of Tennessee (the "Local Rules") and the Order of this Court establishing case management and administrative procedures (Docket No. 79) (the "Case Management Order").

AGREED ORDER OF RESOLUTION OF PERSONAL INJURY CLAIM OF DORIS PESENTE (CLAIM NO. 1330)

This Agreed Order is entered into and submitted to the Court in accordance with, and in implementation of, the procedures approved by the Court in the Order Approving (A) Uniform Personal Injury Claims Resolution Procedures, (B) Modification of the Automatic Stay with Respect to Such Personal Injury Claims, (C) the Form of Notice of the Procedures, and (D) the Appointment of a Mediator (the "Procedures Order") and upon the Objection to the personal injury claims asserted by Dorris Pesente (the "Claimant") in these cases; and the Claimant and Service Merchandise Company, Inc. ("Service Merchandise") and 31 of its affiliates (the "affiliate Debtors"), debtors and debtors-in-possession in the above-captioned cases (Service Merchandise and the affiliate Debtors collectively, the "Debtors") of the Debtors having agreed, as signified by the signatures of counsel below, to a resolution of the disputed Claims as set forth in this Agreed Order; and the Court being otherwise sufficiently advised, it is hereby

ORDERED, ADJUDGED AND DECREED:

1. The Claimant shall have an allowed general prepetition non-priority unsecured claim in the amount of $7,500 against Service Merchandise Company, Inc. in Case No. 399-02649 and a copy of this Order shall be docketed by the clerk of the Court in such case.

2. The automatic stay imposed by 11 U.S.C. ยง 362 (a) remains in effect with respect to any and all actions to collect or enforce the claim allowed in this Order and/or any other claims against the Debtors or against the assets of the Debtors or any affiliate or insider of the Debtors.