LLC LLC: IN T) Nited Bankruptcy Court The District Delaware in Mervyn'S Holdings, LLC, (KG) ) Jointly Administered)

IN TIIE T]NITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re: MERVYN'S HOLDINGS, LLC,

Debtors.
et
) g!,r )
) )
)
Chapter
11
Case No. 08-11586
(KG)
) )
Jointly Administered
Re: Docket No. 3597
ORDER APPROVING TIIE STIPULATION BETWEEN CIIARLES WINSTON LUXURY GROUP LLC AND DEBTORS REGARDING THE CLAIMS OF CIIARLES WINSTON LUXURY GROUP LLC
AND NOW, upon consideration of the foregoing Stipulation,'

for the approval thereof, it is hereby:
*d
good cause appearing
ORDERED, that the Stipulation attached hereto as Exhibit A is APPROVED; and it is

further ORDERED, the Court shall retain jurisdiction over the implernentation and enforcgment of the Stipulation and this Order.
Dated: OCtrog3 ,200s Wilmington, Delaware THE HO
14
RABLEIGVIN GROSS
ATES BANKRUPTCY JUDGE
' The Debtors in these cases, along with the last four digits of their federal tax identification numbers. are Merv)m's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLc (8850).
2
Terms not defined herein shall have 1[s rnsanings atbibuted to them in the Stipulation.
RI-Fl-3422473-3
0q/v)*. "n 0811586091014000000000002
EXHIBIT A
RLFL-1422473-3
IN TIIE UNITED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE
In re:
MERVYN'S HOLDINGS, LLC,et
Debtors.
Chapter
11
atr )
)
Case No. 08-11586
(KG)
)
)
Jointly Administered
Re: Docket No. 3597
STIPULATION BETWEEN CIIARLES WINSTON LUXURY GROUP LLC AND DEBTORS REGARDING TIIE CLAIMS OF CIIARLES WINSTON LUXURY GROUP LLC
This stipulation between Charles Winston Luxury Group LLC ("CWLG") and the abovecaptioned debtors and debtors in possession (collectively, the "Debtors") regarding the claims
of
CWLG is entered into by and among the Debtors and CWLG (each a "Party'' and together, the
"Parties"), by their respective counsel.
RECITALS
A.
Code").
On July 29, 2008 (the "Petition Date"), each of the Debtors filed a voluntary
petition for relief under chapter I I of the title 11 of the United States Code (the
"@pIgJ
B.
CWLG has filed several claims in these chapter 1l cases. Claim numbers 5401,
5402 and 5403 are each
combined
(i)
administrative priority claim
in the amount of
general unsecured
$118,854.97 pursuant to section 503(bX9) of the Bankruptcy Code and
(ii)
claim in the amount of $19,503.00 (the "Combined Claims"). CWLG also filed claim numbers 6643,6644 and 6645, each an administrative priority claim in the amount of $51,435.19 pursuant
I The Debtors in these cases, along with the last four digits of the federal tax identification number for each of the Debtors, are Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850).
Rr-Ft-3422473-3
to 503(b)(1)(A) of the Bankruptcy Code (the "Admin. Claims," and together with the Combined
Claims, the "Claims").
C.
On June 23,2009, the Debtors filed that certain Second Omnibus Objection to
Claims [Docket No. 3597] (the "Objection"). In the Objection, the Debtors objected to claim
numbers 6644 and 5401 on the grounds that these claims were overstated and should be reduced.
D.
Since the filing
of the Objection, the Debtors and CWLG have
reached an
agreement as to the treatment of each of the Claims, and have agreed to enter into this Stipulation
to clarify the allowance and treabnent of the Claims.
NOW, THEREFORE, THE UNDERSIGNED STIPULATE AND AGREE

FOLLOWS, EFFECTIVE UPON APPROVAL OF THIS STIPULATION BY THE COURT:
AS
AGREEMENT
l.
reference.
The recitals set forth in Paragraph A through D above are incorporated herein by
Z.
The Combined Claims shall be deemed
(i)
one administrative expense claim
against the Debtors pursuant to section 5030)(9) of the Bankruptcy Code, and shall be allowed
in the amount of
$118,85
4.97, and (ii) one general unsecured claim, allowed in the amount of
$10,408.29. The Combined Claims shall not be subject to further reduction, offset, setofi
reclassification or disallowance pursuant to section 502(d) of the Bankruptcy Code or otherwise.
3.
The Admin. Claims shall be deerned one administrative priority claim against the
Debtors pursuant to section 503OX1XA) of the Bankruptcy Code, and shall be allowed in the
amount of $38,641.16. The Admin. Claim shall not be subject to further reduction, offset, setoff,
reclassification or disallowance pursuant to section 502(d) of the Bankruptcy Code or otherwise.
Rtjt-3422473-3
4.
CWLG shall be entitled to payment on account of the Claims in accordance with
the terms of the chapter I I plan ultimately confirmed in these chapter I I cases and on the
effective date of such plan; provided, however, CWLG shall not be entitled to receive duplicate
payments from the bankruptcy estates of the jointly administered Debtors in satisfaction of the Claims.
5.
This Stipulation shall be binding upon (i) any liquidating trustee;
plan
administrator; distribution agent and/or any other responsible person appointed pursuant to any chapter 11 plan confirmed in these cases;
and/or
(ii) any chapter 1l
trustee appointed in these cases
(iii) any chapter 7 trustee appointed or elected in these cases.
RLFt-3422473-3
iel J. DeFranceschi (No. 2732) istopher M. Samis (No. a909) isha D. Fortune (No. a857)
LAYTON & FINGER, P.A.

One Rodney Square 920 North King Street
Wilmington, Delaware 1 9801 Telephone: (302) 651-7700 Facsimile: (302) 651-77 01 Email: [email protected] [email protected] samis@lf,com [email protected]
and
Arnstein & Lehr LLP 120 South Riverside Plaza suite 1200 Chicago, Illinois 60606 Telephone : (312) 87 6-7 899 Facsimile: (312) 87 6-7 349 Email : [email protected]
Counsel
Group, LLC
for
Charles Wnston Lunrry
Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKruS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : Q12) 309-6000 Facsimile: (212) 309-6001 Email : hb eltzer @morganlewis. c om wwalker@norganlewis. com
Attorneys for the Debtors and Debtors in Possession
RLFl-3422473-3

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IN TIIE T]NITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: MERVYN'S HOLDINGS, LLC,

Case No. 08-11586

AND NOW, upon consideration of the foregoing Stipulation,'

good cause appearing

ORDERED, that the Stipulation attached hereto as Exhibit A is APPROVED; and it is

Dated: OCtrog3 ,200s Wilmington, Delaware THE HO

0q/v)*. "n 0811586091014000000000002

IN TIIE UNITED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE

Case No. 08-11586

5402 and 5403 are each

administrative priority claim

$118,854.97 pursuant to section 503(bX9) of the Bankruptcy Code and

Since the filing

of the Objection, the Debtors and CWLG have

to clarify the allowance and treabnent of the Claims.

NOW, THEREFORE, THE UNDERSIGNED STIPULATE AND AGREE

The Combined Claims shall be deemed

one administrative expense claim

reclassification or disallowance pursuant to section 502(d) of the Bankruptcy Code or otherwise.

CWLG shall be entitled to payment on account of the Claims in accordance with

This Stipulation shall be binding upon (i) any liquidating trustee;

(ii) any chapter 1l

trustee appointed in these cases

(iii) any chapter 7 trustee appointed or elected in these cases.

LAYTON & FINGER, P.A.

Charles Wnston Lunrry

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