Case No. 399-02649, Jointly Administered.
April 6, 2005
Paul G. Jennings, Phillip G. Young, BASS, BERRY SIMS PLC, Nashville, TN, and John Wm. Butler, Jr., George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL, Attorneys for Reorganized Debtors.
Robert H. Waldschmidt, Esq., Howell Fisher PLLC, Nashville, TN, Attorney for Claimant.
AGREED ORDER REGARDING CLAIM NO. 3837 FILED BY TESSLER WEISS/PREMESCO INC.
Upon the agreement of Service Merchandise Company, Inc. and 31 of its affiliates (collectively, the "Reorganized Debtors"), and Tessler Weiss/Premesco Inc. (the "Claimant"); and the Reorganized Debtors and the Claimant having agreed, as signified by the signatures of counsel below, to the treatment of Claim No. 3837 (the "Claim") on the terms set forth in this Agreed 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 an allowed general prepetition non-priority unsecured claim in the amount of $48,268.74 (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. The Court shall retain jurisdiction to hear any matters or disputes arising from or relating to this order.