alg Doc 4377 Filed 07/19/13 Entered 07/19/13 14:55:15 Main Document Pg 1 of 6 ) ) ) ) ) ) )

Transcription

1 Pg 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: EASTMAN KODAK COMPANY, et al., 1 Debtors. Chapter 11 Case No (ALG (Jointly Administered ORDER GRANTING DEBTORS OMNIBUS MOTION TO ESTIMATE THE AMOUNT, OR ESTABLISH THE CLASSIFICATION, OF CERTAIN CLAIMS SOLELY FOR PURPOSES OF VOTING TO ACCEPT OR REJECT THE FIRST AMENDED JOINT CHAPTER 11 PLAN OF REORGANIZATION OF EASTMAN KODAK COMPANY AND ITS DEBTOR AFFILIATES Upon the Debtors Omnibus Motion to Estimate the Amount, or Establish the Classification, of Certain Claims Solely for Purposes of Voting to Accept or Reject the First Amended Joint Chapter 11 Plan of Reorganization of Eastman Kodak and its Debtor Affiliates (the Motion 2 filed by Eastman Kodak, on behalf of itself and its affiliated debtors and debtors in possession in these chapter 11 cases (collectively, the Debtors ; and it appearing that this Court has jurisdiction to consider the Motion pursuant to 28 U.S.C. 157 and 1334; and it appearing that venue of these chapter 11 cases and the Motion in this district is proper pursuant to 28 U.S.C and 1409; and it appearing that this matter is a core proceeding pursuant to 28 U.S.C. 157(b; and this Court having determined that the relief requested in the Motion is in the best interests of the Debtors, their estates, their creditors and 1 2 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: Eastman Kodak (7150; Creo Manufacturing America LLC (4412; Eastman Kodak International Capital, Inc. (2341; Far East Development Ltd. (2300; FPC Inc. (9183; Kodak (Near East, Inc. (7936; Kodak Americas, Ltd. (6256; Kodak Aviation Leasing LLC (5224; Kodak Imaging Network, Inc. (4107; Kodak Philippines, Ltd. (7862; Kodak Portuguesa Limited (9171; Kodak Realty, Inc. (2045; Laser-Pacific Media Corporation (4617; NPEC Inc. (5677; Pakon, Inc. (3462; and Qualex Inc. (6019. The location of the Debtors corporate headquarters is: 343 State Street, Rochester, NY All capitalized terms used but otherwise not defined herein shall have the meanings set forth in the Motion. 01:

2 Pg 2 of 6 other parties in interest; and it appearing that proper and adequate notice of the Motion has been given and that no other or further notice is necessary; and after due deliberation thereon; and good and sufficient cause appearing therefor; IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED to the extent provided for herein. 2. Pursuant to section 105(a of the Bankruptcy Code, Bankruptcy Rule 3018 and Paragraph 14.f of the Solicitation Procedures Order, the Disputed Voting Amount Claims identified on Exhibit A to this Order are hereby allowed in the amount of $1.00 solely for purposes of voting to accept or reject the Amended Plan. 3. Pursuant to section 105(a of the Bankruptcy Code, Bankruptcy Rule 3018 and Paragraph 14.f of the Solicitation Procedures Order, Claim Number 4387 of Joseph Pinzone, as administrator of the estate of Vicenzo Pinzone, deceased, is hereby allowed in the amount of $1,000, solely for purposes of voting to accept or reject the Amended Plan. 4. Pursuant to section 105(a of the Bankruptcy Code, Bankruptcy Rule 3018 and Paragraph 14.f of the Solicitation Procedures Order, Claim Number 5023 of Media Technologies Licensing, LLC, is hereby allowed in the amount of $2,500, solely for purposes of voting to accept or reject the Amended Plan. 5. Pursuant to section 105(a of the Bankruptcy Code, Bankruptcy Rule 3018 and Paragraph 14.f of the Solicitation Procedures Order, the Disputed Voting Amount Claim, filed as Claim Number 6175, of STWB Inc. is hereby allowed in the amount of $125,000,000 solely for purposes of voting to accept or reject the Amended Plan. 6. Pursuant to section 105(a of the Bankruptcy Code, Bankruptcy Rule 3018 and Paragraph 14.f of the Solicitation Procedures Order, the Disputed Voting Classification Claim identified on Exhibit B to this Order is hereby classified as a Class 10 Claim solely for 2

3 Pg 3 of 6 purposes of voting to accept or reject the Amended Plan, such that, in accordance with the terms of the Solicitation Procedures Order and the Amended Plan, the Disputed Voting Classification Claim shall not be entitled to vote on the Amended Plan and shall be deemed to reject the Plan. All other rights of the Disputed Voting Classification Claim identified on Exhibit B to this Order, including but not limited to contesting the classification of such claim as a Class 10 Claim for any other purposes, are fully reserved and not affected or prejudiced by this Order. 7. Neither the filing of the Motion nor entry of this Order shall affect any rights of the Debtors, their estates, the Reorganized Debtors, or any other party in interest in these chapter 11 cases to object to any of the Disputed Voting Claims for any purposes, including, without limitation, allowance and distribution under the Amended Plan, or any rights of the Holders of any Claim to contest any objection. 8. Other than for voting purposes under the Amended Plan, neither the filing of the Motion nor the entry of this Order shall have any res judicata or collateral estoppel effect on the Disputed Voting Claims nor shall it have any effect on the rights or defenses of the Holders of the Disputed Voting Claims with respect to their claims against the Debtors and their estates. 9. Any and all rights of the Debtors and their estates to amend, supplement or otherwise modify the Motion and to file additional motions for purposes of voting on the Amended Plan with respect to any and all claims filed in these chapter 11 cases, including, without limitation, any and all of the Disputed Voting Claims, shall be reserved. Any and all rights, claims and defenses of the Debtors and their estates with respect to any and all of the Disputed Voting Claims shall be reserved, and nothing included in or omitted from the Motion nor the entry of this Order is intended or shall be deemed to impair, prejudice, waive or otherwise affect any rights, claims, or defenses of the Debtors and their estates or of the Holders of the Disputed Voting Claims with respect to the Disputed Voting Claims. 3

4 Pg 4 of The Debtors and the Notice and Claims Agent are authorized and empowered to take all actions necessary to implement the relief granted in this Order. 11. The requirements set forth in rule (b of the Local Rules for the United States Bankruptcy Court for the Southern District of New York are satisfied. 12. This Court shall retain jurisdiction to hear and to determine all matters arising from or related to implementation of this Order. New York, New York Date: July 19, 2013 s/allan L. Gropper Allan L. Gropper United States Bankruptcy Judge 4

5 Pg 5 of 6 EXHIBIT A 1 Disputed Voting Amount Claims 1 All capitalized terms used but otherwise not defined on Exhibit A shall have the meanings set forth in the Motion. 01:

6 Pg 6 of 6 EXHIBIT B 1 Disputed Voting Classification Claim 1 All capitalized terms used but otherwise not defined on Exhibit B shall have the meanings set forth in the Motion. 01:

7 alg Doc Filed 07/19/13 Entered 07/19/13 14:55:15 Exhibit A Pg Exhibit 1 of 2 A In re:eastman KODAK COMPANY Case No (ALG Jointly Administered Claim # Transferred Debtor Name and Address of Claimant Secured Administrative Priority Unsecured Total Unliquidated Claim To Be Modified 5207 Qualex Inc. BARBARA GONZALEZ, AS NEXT FRIEND OF $0.00 $0.00 $0.00 $3,000, $3,000, Date Filed: 7/16/2012 MIKAYLA GONZALEZ JAMI JONES PLLC DEQUINDRE SUITE 100 STERLING HEIGHTS, MI Claim To Be Modified 6177 Eastman Kodak BAYER CORPORATION WILLIAM E. KELLEHER, JR., ESQ. $0.00 $0.00 $0.00 $250,611, $250,611, Date Filed: 6/10/2013 COHEN & GRIGSBY, P.C. 625 LIBERTY AVENUE PITTSBURGH, PA Claim To Be Modified 6178 NPEC Inc. BAYER CORPORATION $0.00 $0.00 $0.00 $250,611, $250,611, Date Filed: 6/10/2013 WILLIAM E. KELLEHER, JR., ESQ. COHEN & GRIGSBY, P.C. 625 LIBERTY AVENUE PITTSBURGH, PA Claim To Be Modified 5440 Eastman Kodak DANIELLE ASCANI $0.00 $0.00 $0.00 $5,000, $5,000, NORTH FARM DRIVE Date Filed: 7/17/2012 DOVER PLAINS, NY Claim To Be Modified 514 Eastman Kodak DAVID TOZER FITZSIMMONS, NUNN & PLUKAS, LLP $0.00 $0.00 $0.00 $1,000, $1,000, Date Filed: 2/24/ EAST MAIN STREET, SUITE 300 ROCHESTER, NY Claim To Be Modified 5354 Eastman Kodak FASTVDO LLC RUSS AUGUST & KABAT $0.00 $0.00 $0.00 $6,750, $6,750, Date Filed: 7/17/ WILSHIRE BOULEVARD, 12TH FLOOR LOS ANGELES, CA Claim To Be Modified 5412 Eastman Kodak LOUISE FREEMAN AND VISION 4 ELEVEN, LLC EDWARD C. GREENBERG $0.00 $0.00 $0.00 $5,100, $5,100, Date Filed: 7/16/2012 EDWARD C. GREENBERG, LLC 570 LEXINGTON NEW YORK, NY Claim To Be Modified 1092 Eastman Kodak MARC LAMORIE MCCARTHY & KELLY, LLP $0.00 $0.00 $0.00 $1,000, $1,000, Date Filed: 4/5/ DUANE STREET NEW YORK, NY Claim To Be Modified 5017 Qualex Inc. MEDIA TECHNOLOGIES LICENSING, LLC $0.00 $0.00 $0.00 $9,850, $9,850, Date Filed: 7/16/2012 ATTN JASMIN YANG, ESQ. C O SNELL & WILMER LLP 350 SOUTH GRAND LOS ANGELES, CA Claim To Be Modified 5281 Eastman Kodak MOSES REAVES $0.00 $0.00 $0.00 $3,000, $3,000, BLACKSTONE DRIVE Date Filed: 7/17/2012 MYRTLE BEACH, SC Page 1

8 alg Doc Filed 07/19/13 Entered 07/19/13 14:55:15 Exhibit A Pg Exhibit 2 of 2 A In re:eastman KODAK COMPANY Case No (ALG Jointly Administered Claim # Transferred Debtor Name and Address of Claimant Secured Administrative Priority Unsecured Total Unliquidated Claim To Be Modified 4673 Eastman Kodak NICK MECCA LAWRENCE R. COHAN, ESQUIRE $0.00 $0.00 $0.00 $5,000, $5,000, Date Filed: 7/13/2012 ANAPOL SCHWARTZ 1710 SPRUCE STREET PHILADELPHIA, PA Claim To Be Modified 610 Eastman Kodak NORMAN IP HOLDINGS, LLC ANDREW DINOVO $0.00 $0.00 $0.00 $20,000, $20,000, Date Filed: 2/29/2012 DINOVO PRICE ELLWANGER & HARDY 7000 N. AUSTIN, TX Claim To Be Modified 3573 Eastman Kodak PAPST LICENSING GMBH & CO. KG JEROLD B. SCHNAYER, ESQ. $0.00 $0.00 $0.00 $699,251, $699,251, Date Filed: 7/3/2012 HUSCH BLACKWELL LLP 120 S. RIVERSIDE CHICAGO, IL Claim To Be Modified 4911 Eastman Kodak PROFECTUS TECHNOLOGY, LLC C/O CERTILMAN BALIN ADLER & HYMAN, LLP $0.00 $0.00 $0.00 $3,000, $3,000, Date Filed: 7/16/ MERRICK AVENUE EAST MEADOW, NY Claim To Be Modified 3423 Eastman Kodak SHEILA WOLK $0.00 $0.00 $0.00 $1,500, $1,500, WEST 87TH STREET APT. 2D Date Filed: 7/2/2012 NEW YORK, NY Claim To Be Modified 6176 NPEC Inc. STWB INC. $0.00 $0.00 $0.00 $250,611, $250,611, Date Filed: 6/10/2013 WILLIAM E. KELLEHER, JR., ESQ. COHEN & GRIGSBY, P.C. 625 LIBERTY AVENUE PITTSBURGH, PA Claims To Be Modified Totals Count: 16 $0.00 $0.00 $0.00 $1,515,285, $1,515,285, Page 2

9 alg Doc Filed 07/19/13 Entered 07/19/13 14:55:15 Exhibit B Pg Exhibit 1 of 1 B In re:eastman KODAK COMPANY Case No (ALG Jointly Administered Claim # Transferred Debtor Name and Address of Claimant Secured Administrative Priority Unsecured Total Unliquidated Claim To Be Modified 498 Eastman Kodak DALE TOAL & CLAUDE MATTE ON BEHALF OF THE PLANS AND A CLASS OF SIMILARLY $0.00 $0.00 $0.00 $50,000, $50,000, SITUATED PLANS PARTICIPANTS AND BENEFICIARIES ADDRESS REDACTED Date Filed: 2/24/2012 Claims To Be Modified Totals Count: 1 $0.00 $0.00 $0.00 $50,000, $50,000, Page 1