GEORGE C. PAINE II, United States Bankruptcy Court
Upon the Motion (the "Motion"), filed by Service Merchandise Company, Inc. ("Service Merchandise") and 31 of its affiliates (the "Affiliate Debtors"), debtors and debtors-inpossession in the above-captioned cases (Service Merchandise and the Affiliate Debtors collectively, the "Debtors") to approve the compromise and settlement of Claim No. 4985 (the "Claim") filed by Cook County (the "Claimant"); and the Debtors and the Claimant having agreed, as signified by the signatures of counsel below, to a resolution of the disputes related to the Claim on the terms set forth in this Agreed Order; and no further notice of the Motion being required under the Order Approving Procedures for the Compromising Disputed, Reconciling and Allowing of Claims and Granting Related Relief (Docket No. 5860) (the "Claims Settlement Order"); and the Court being otherwise sufficiently advised, it is hereby
ORDERED, ADJUDGED AND DECREED:
1. The Claim shall be and hereby is ALLOWED as a priority unsecured claim, pursuant toll U.S.C. § 507(a)(8), in the amount of $405,411.64 (the "Allowed Amount") against Service Merchandise Company, Inc. in Case No. 399-02649.
2. The Claim shall be and hereby is DISALLOWED to the extent it exceeds the Allowed Amount.
3. Pursuant to the authority in that certain Order Granting The Debtors Discretionary Authority (A) To Pay Certain Oversecured Tax Claims That Are Accruing Allowable Postpetition Interest And/Or Penalties And (B) To Compromise And Settle Disputes Related To Such Tax Claims, entered by this Court on April 5, 2000 (Docket No. 2565), the Debtors shall pay the Allowed Amount within 10 days after entry of this Order.
4. The automatic stay imposed by 11 U.S.C. § 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.
5. The Claimant shall have no other claims, whether secured, unsecured, prepetition, postpetition, administrative, priority or otherwise against the Debtors or their estates. Upon payment of the Allowed Amount by the Debtors, the Claim will be deemed paid and will no longer constitute a valid claim in these cases.