ORDER GRANTING DEBTORS 166th OMNIBUS OBJECTION TO CLAIMS (Duplicate Debt Claims Industrial Revenue Bonds)

Transcription

1 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK x : In re : Chapter 11 Case No. : MOTORS LIQUIDATION COMPANY, et al., : (REG) f/k/a General Motors Corp., et al. : : Debtors. : (Jointly Administered) : x ORDER GRANTING DEBTORS 166th OMNIBUS OBJECTION TO CLAIMS (Duplicate Debt Claims Industrial Revenue Bonds) Upon the 166th omnibus objection to claims, dated January 26, 2011 (the 166th Omnibus to Claims ), 1 of Motors (f/k/a General Motors Corporation) and its affiliated debtors, as debtors in possession (collectively, the Debtors ), filed pursuant to section 502(b) of title 11, United States Code (the Bankruptcy Code ), Rule 3007(d) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and this Court s supplemental order establishing supplemental rules and authority for filing omnibus objections to certain debt claims (the Supplemental Procedures Order ) (ECF No. 6238), seeking entry of an order disallowing and expunging the Duplicate Debt Claims on the grounds that such claims are duplicative of the Indenture Trustee Claims, all as more fully described in the 166th Omnibus to Claims; and due and proper notice of the 166th Omnibus to Claims having been provided, and it appearing that no other or further notice 1 Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the 166th Omnibus to Claims. E:\166TH OMNI\MLC ORDER 166TH OMNIBUS OBJECTION DUPLICATE DEBT CLAIMS IRB DOC

2 need be provided; and the Court having found and determined that the relief sought in the 166th Omnibus to Claims is in the best interests of the Debtors, their estates, creditors, and all parties in interest and that the legal and factual bases set forth in the 166th Omnibus to Claims establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED that the relief requested in the 166th Omnibus to Claims is granted to the extent provided herein; and it is further ORDERED that, pursuant to section 502(b) of the Bankruptcy Code, the claims listed on Exhibit A (the Order Exhibit ) annexed hereto under the heading Claims to be Disallowed and Expunged (collectively, the Duplicate Debt Claims ) are disallowed and expunged; and it is further ORDERED that, if applicable, the 166th Omnibus to Claims is adjourned with respect to the claims listed on the Order Exhibit annexed hereto under the heading Adjourned to the date indicated on the Order Exhibit, subject to further adjournments (such actual hearing date, the Adjourned Hearing Date ) (the Adjourned Claims ), and the Debtors response deadline with respect to the Adjourned Claims shall be 12:00 noon (prevailing Eastern Time) on the date that is three (3) business days before the Adjourned Hearing Date; and it is further ORDERED that, if applicable, the 166th Omnibus to Claims is withdrawn with respect to the claims listed on the Order Exhibit annexed hereto under the heading Withdrawn ; and it is further ORDERED that, if applicable, the 166th Omnibus to Claims is withdrawn with respect to the claims listed on the Order Exhibit annexed hereto under the E:\166TH OMNI\MLC ORDER 166TH OMNIBUS OBJECTION DUPLICATE DEBT CLAIMS IRB DOC 2

3 heading Claim Withdrawn as those claims have been withdrawn by the corresponding claimant; and it is further ORDERED that this Order has no res judicata, estoppel, or other effect on the validity, allowance, or disallowance of, and all rights to object on any basis are expressly reserved with respect to any claim listed on Exhibit A annexed to the 166th Omnibus to claims under the heading Claims to be Disallowed and Expunged that is not listed on the Order Exhibit annexed hereto; and it is further ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to this Order. Dated: New York, New York March 7, 2011 s/ Robert E. Gerber United States Bankruptcy Judge E:\166TH OMNI\MLC ORDER 166TH OMNIBUS OBJECTION DUPLICATE DEBT CLAIMS IRB DOC 3

4 166th Omnibus Motors, et al. ARTHUR H HEMBROOK & ELIZABETH V HEMBROOK JT TEN 189 SOUTH COLLIER BLVD APT C 203 MARCO ISLAND, FL Motors $46, $46, ARTHUR H HEMBROOK & ELIZABETH V HEMBROOK JT TEN 189 SOUTH COLLIER BLVD APT C-203 MARCO ISLAND, FL Motors $15, $15, ARTHUR H HEMBROOK & ELIZABETH V HEMBROOK JT TEN 189 SOUTH COLLIER BLVD APT C-203 MARCO ISLAND, FL Motors $25, $25, BERTRAM G NEITERMAN ST #502 BAY HARBOR ISLE, FL Motors $20, $20, BERTRAM G. NEITERMAN TH ST. #502 BAY HARBOR ISLAND, FL Motors (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any Page 1

5 166th Omnibus Motors, et al. BERTRAM NEITERMAN TH ST #502 BAY HARBOR ISLAND, FL Motors BERTRAM NEITERMAN ST APT 502 BAY HARBOR IS, FL Motors BERTRAM NEITERMAN ST APT #502 BAY HARBOR IS, FL Motors BONA K PATZKOUSKY LOGAN HORNS MILL SUGAR GROVE, OH Motors CRAWFORD FAMILY LIVING TRUST DAVID AND VERA CRAWFORD 2170 VALLEY VISTA DRIVE DAVISON, MI Motors $20, $20, D & B MILLER INVESTMENTS DONALD & BARBARA MILLER, PARTNERS 104 SUNSET COVE LN PALM BEACH GARDEN, FL Motors (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any Page 2

6 166th Omnibus Motors, et al. DONALD L IGNASIK 306 SOUTHWOOD DR ELYRIA, OH Motors DONALD R WILSON TTEE U/A DTD DONALD R WILSON LIV TR 200 W HAMILTON CIR BATTLE CREEK, MI Motors $45, $45, DOUGLAS B FOSTER 1338 RT9 SPOFFORD, NH UNITED STATES OF AMERICA Motors Unliquidated EDWARD G KLOPFER 6011 CLARK STATE RD GAHANNA, OH Motors EVAN S WILLIAMS JR & LINDA M WILLIAMS JTWROS 111 W MAIN ST TROY, PA Motors F/B/O JOHN A ARGENT REVOCABLE TR UST U/A/D UAD JOHN A ARGENT TTEE 9800 MAR ANN COURT ST LOUIS, MO Motors $2, $2, (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any Page 3

7 166th Omnibus Motors, et al. ILENE BIRGE 2420 ADARE ST ANN ARBOR, MI Motors $40, $40, JAMES E BOLIN & JAMES E BOLIN TRUST JAMES E BOLIN TRUST U/A DTD 10/6/81 JAMES E BOLIN TRUSTEE EASYGOER COURT CLINTON TOWNSHIP, MI Motors JEAN RELJIN 7062 BIG CREEK PARKWAY MIDDLEBURG HTS, OH Motors JILL JULIANO P. O. BOX 1342 TROY, MI UNITED STATES OF AMERICA Motors JOAN PHYLLIS MONCRIEFF REV TRUST JOAN PHYLLIS MONCRIEFF TTEE UA DTD SANDSHORES DR TROY, MI Motors JOHN T AND BETTY B BONNER 4559 ARLINGATE COLUMBUS, OH Motors (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any Page 4

8 166th Omnibus Motors, et al. JULIAN P KORNFELD 4100 PERIMETER CENTER DR STE 150 OKLAHOMA CITY, OK Motors $105, $105, Unliquidated MARILYN J WEISBACH 2915 HEDGE ROW PASS FORT WAYNE, IN Motors $20, $20, $41, MARY BETH FUNKE WALES CHESTERFIELD, MI UNITED STATES OF AMERICA Motors Unliquidated MARY C BERKLEY TRUSTEE DR MARY C BERKLEY 7508 N SAN MANUEL SCOTTSDALE, AZ Motors OWEN AND JOYCE JOHNSON TRUSTEES OWEN AND JOYCE JOHNSON 4386 DUBLIN ROAD COLUMBUS, OH Motors RENNER, INEZ G 5913 CAMPBELL ST SANDUSKY, OH Motors $21, $21, (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any Page 5

9 166th Omnibus Motors, et al. ROBERT L GORMAN 5114 HARLEY RD NEW ALBANY, OH Motors ROBERT LANDUCCI 5900 ARLINGTON AVE #10R RIVERDALE, NY Motors $50, $50, ROBERT LANDUCCI 5900 ARLINGTON AVE #10R RIVERDALE, NY Motors Unliquidated ROBERT LAZARUS JR TRUSTEE ROBERT LAZARUS JR 175 S THIRD ST SUITE 1010 COLUMBUS, OH Motors $100, $100, ROBERT LAZARUS TRUST DTD 6/21/62 ROBERT LAZARUS JR TRUSTEE 175 S THIRD ST SUITE 1010 COLUMBUS, OH Motors ROGER L CROSS 2240 BIRCH CIRCLE CLARKSVILLE, IN Motors $5, $5, (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any Page 6

10 166th Omnibus Motors, et al. SARSEP IRA FBO CHRISTINE TRAPP CHRISTINA TRAPP 109 BAY DR ITASCA, IL Motors $30, $170, $200, SKONY-STAMM MARILYN 1530 PALISADE AVE APT 10H FORT LEE, NJ MLCS Distribution Corporation $50, $50, SUSAN J BECKER 5029 KINGSWOOD DR CARMEL, IN Motors $10, $10, $20, WM. LOOK & SONS, INC. HOWARD LOOK 407 ADAMS ST EAST TAWAS, MI Motors $22, $22, $40, $30, $70, $1,004, $1,147, (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any Page 7