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In re: Clarkeies Market, L.L.C., Chapter 11, Debtor. Clarkeies Market, L.L.C., Mo v. nt

ORDER

MICHAEL DEASY, United States Bankruptcy Judge.

This proceeding having come before the Court on September 12, 2002, for a hearing and the Court having issued its memorandum opinion of even date, it is hereby ORDERED:

1. The Objection by Debtor to Proof of Claim and Restated/Updated Proof of Claim of Kelley's Food Town, Inc. and Karl C. Kelley (POC 69 and 80) (Doc. No. 267), Objection by Debtor to Proof of Claim and Restated/Updated Proof of Claim of KR Supermarkets, Inc. and Karl C. Kelley (POC 69 and 79) (Doc. No. 268), and Objection by Debtor to Proof of Claim and Restated/Updated Proof of Claim of KR Supermarkets, Inc. Regarding a Berlin Cash Register Lease (POC 73 and 81) (Doc. No. 269) are sustained in part.
2. The secured portions of the claims of Kelley's Food Town, Inc., KR Supermarkets, Inc., and Karl C. Kelley shall be based on the going concern value of the collateral as of March 2001.
3. The parties shall contact the calendar clerk to schedule an evidentiary hearing to determine the going concern value of the collateral of Kelley's Food Town, Inc., KR Supermarkets, Inc., and Karl C. Kelley.
4. Any other remaining grounds articulated in the Debtor's objections to the claims of Kelley's Food Town, Inc., KR Supermarkets, Inc., and Karl C. Kelley, on which the Court has not previously ruled (i.e., the cash register lease claim), shall be determined by the Court separately in accordance with the schedule set out in a prior order of the Court. See Doc. No. 417.

This is a core proceeding in accordance with 28 U.S.C. § 157 (b) as to which this Court has jurisdiction of the subject matter and the parties.

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IN RE CLARKEIES MARKET
(Sep 26, 2002)