Case Nos. 01-16034 (AJG) Jointly Administered.
April 26, 2004
Upon the Objection (the "Objection") of the Official Committee of Unsecured Creditors of Enron Corp. et al. (the "Committee") to Claim No. 18582 (the "Proof of Claim") Pursuant to Sections 502 and 507(a)(8) of the Bankruptcy Code and Rules 3001 and 3007 of the Federal Rules of Bankruptcy Procedure and the Response of Sanjay Bhatnagar (the "Claimant") to Objection of Official Committee of Unsecured Creditors to Claim No. 18582 and supporting materials (the "Response"); and no other responses have been filed with respect to the Objection; and upon the statements of counsel made at the hearing on the Objection on April 8, 2004, and upon all prior proceedings before the Court; and after due deliberation thereon and sufficient cause appearing therefor, it is hereby
ORDERED, that the Objection is sustained to the extent that the Proof of Claim asserts a priority claim against Enron Corp. or any of its affiliated debtors (collectively, the "Debtors") under 11 U.S.C. § 507(a)(8); and it is further
ORDERED, that the Proof of Claim shall be deemed amended to assert a contingent unsecured claim against Enron Corp.
ORDERED, that, to avoid the expense of the Committee filing a further objection, the Committee's Objection shall be deemed to be an objection to the Proof of Claim, as amended, for lack of sufficient documentation, and nothing herein shall impair or restrict the ability of the Committee to seek, and the Claimant to oppose, additional discovery from Claimant in connection with the Proof of Claim, subject to Fed.R.Civ.P. 26;
ORDERED, that all rights of the Committee, the Debtors and any party in interest to object to the allowance or priority of the Proof of Claim, as amended, on any basis are expressly preserved; and it is further
ORDERED, that the Court shall retain jurisdiction over any matter or dispute arising from or relating to the interpretation or implementation of this Order.