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    Chapter 11 Dockets
    The order approves a stipulation between Westport Corporation and the debtors, Mervyn's Holdings LLC, regarding Westport's claim. Westport provided goods to the debtors prior to their bankruptcy filing totaling $77,012.52. Per the stipulation, Westport will be allowed an unsecured claim against Mervyn's LLC for that amount, to be paid according to the terms of any confirmed bankruptcy plan. The court retains jurisdiction to enforce the stipulation and order.

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    Our"a, M, Zoos: Tiie Tiie

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    Chapter 11 Dockets
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    The order approves a stipulation between Westport Corporation and the debtors, Mervyn's Holdings LLC, regarding Westport's claim. Westport provided goods to the debtors prior to their bankruptcy filing totaling $77,012.52. Per the stipulation, Westport will be allowed an unsecured claim against Mervyn's LLC for that amount, to be paid according to the terms of any confirmed bankruptcy plan. The court retains jurisdiction to enforce the stipulation and order.

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    The order approves a stipulation between Westport Corporation and the debtors, Mervyn's Holdings LLC, regarding Westport's claim. Westport provided goods to the debtors prior to their bankruptcy filing totaling $77,012.52. Per the stipulation, Westport will be allowed an unsecured claim against Mervyn's LLC for that amount, to be paid according to the terms of any confirmed bankruptcy plan. The court retains jurisdiction to enforce the stipulation and order.

    Copyright:

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    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    30 views4 pages

    Our"a, M, Zoos: Tiie Tiie

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    Chapter 11 Dockets
    The order approves a stipulation between Westport Corporation and the debtors, Mervyn's Holdings LLC, regarding Westport's claim. Westport provided goods to the debtors prior to their bankruptcy filing totaling $77,012.52. Per the stipulation, Westport will be allowed an unsecured claim against Mervyn's LLC for that amount, to be paid according to the terms of any confirmed bankruptcy plan. The court retains jurisdiction to enforce the stipulation and order.

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    Docket #4276 Date Filed: 11/19/2009

    IN TIIE UNITED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE

    ln re:
    MERVYN'S HOLDINGS, LLC,
    Debtors.
    et

    )
    4,r )
    ) )

    Chapter

    11

    Case No. 08-11586 (KG)

    Jointly Administered

    ORDER APPROVING STIPULATION FOR ALLOWAIICE AND PAYMENT OF CLAIM OF WESTPORT CORPORATION

    AND NOW, upon consideration of the foregoing Stipulation2 attached hereto as Exhibit A, and good cause appearing for the approval thereof, it is hereby:
    ORDERED, that the Stipulation is APPROVED; and it is turther ORDERED, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.

    our"a,M,zoos Delaware
    Wilmington, THE HO

    The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850). t Terms not defined herein shall have the meanings attributed to them in the Stipulation.
    DBI/63860598.1

    RLFI-3504049-l

    0q/v)+3 %` 0811586091119000000000005

    EXHIBIT A

    DBI/63860598.1

    IN THE UNITED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE

    In re:
    MERVYN'S HOLDINGS,

    )
    LLC,9!4,| )
    )
    )

    Chapter l1
    Case

    No.08-tt5S6 (KG)

    Debtors.

    )
    )

    Jointly Administered

    STIPULATION FOR ALLOWANCE AND


    Westport Corporation ("Wes!pql]!") and the above-captioned debtor.s and debtors in
    possession (the "Dgblors") hereby stipulate as follows:

    RECITALS

    A. B. C. l. 2, 3.

    Prior to July 9, 2008, Westport provided the Debtors with good.s in the aggregate

    net amount of $77,012.52.

    On account of .such goods, Westport has timely filed a proof of claim (Claim No.

    84), seeking allowance of its claim (the ..!!a!4q.,).

    The Debtors and Westport HEREBY STIPULATE AND ACREE as follows:

    AGREEMENT
    The Reciterls are true and correct and are incorporated herein by reference.
    Thi.s Stipulation is subject to Bankruptcy Court approval and shall be

    of no force

    and eflect unless and

    until approved by the Bankruptcy court.

    On account of the Claims, Westport shall be allowed a general unsecured claim

    against Mervyn's LLC in the amount of $77,012.52 (the..A!!_owgd-e,!4!pg,,).

    ' The Debtors ,l lF|! cases, along with rhc la.st lour digits of rheir federal tax identiticarion numbcrs. arc Mcrvyn'.s Holdings, LLC (3405). Mervyn's LLC (11456) and Meriyn's Brands. LLC (gg50).

    DB t/6386{1598.

    4. 5.
    chapter
    and/or

    Payment of the Allowed Claim shall be made in accordance with the telms of the

    chapter I I plan ultirnately confirmed in these chapter I I case.s.

    This Stipulation shall be binding upon

    (i)

    any liquidating tru.sree;

    plan

    admini.strator; distribution agent and/or any other responsible person appointed pursuant to any

    l1 plan confirmed in these cases; (ii)

    any chapter I I trustee appointed in these cases

    (iii)

    any chapter 7 trustee appointed or elected in the.se cases,

    Dated:

    t-#,W'W!

    ,,,,

    nAtXo)
    lEMArl-l /r/ 2O l*'rta
    IPHONEI

    Wilmington,

    ollins

    Christopher M, Sami.s (No.4909) L. Katherine Good (No.5l0l) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 65 l-7700 Facsimile: (302) 65l-7701 Email : [email protected] defranceschi @ rlf.com [email protected] [email protected]
    and

    IFAXI

    {tt K ?i u *rit of. c*l qh 7r-ofto qle>4 f"7. 9z( , (97,

    Westport Corporatiott

    Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP l0l Park Avenue New York, New York 10178-0060 Telephone: (212) 309-6000 Facsimile: (212\ 309-6001 Email : hbeltzer @ morganlewis.com wwalker@ morganlewis.com
    Attornel,s the Dehtor.t and Dehtors in Po.rse ssiort

    for

    D8 t/63860591t.1

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