Docket #4861 Date Filed: 5/6/2010

IN THE UMTED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC, er al.,r
Debtors.

) ) )
) )

Chapter 1l
Case No. 08-11536

(KG)

ORDER APPROYING STIPULATION BETWEEN UNITED STATES DEBT RECOVERY LLC AND DEBTORS RESOLVING THE CLAIMS OF UNITED STATES DEBT RECOVERY LLC (CLATM NOS. 3s6 AND s282) AND NOW, upon consideration of the Stipulation attached hereto as Exhibit A, and good
cause appearing for the approval thereof,

tL )rr/+t4

Jointly Administered

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.

Wilmingbn, Delaware

,2010

BANKRUPTCY JUDGE

' The Debtors TS:I "1t9s, along with-the last four digits of their federal tax idenrification numbers, are Mervyn's Holdings, LLC (3405), Mervyn'sllc @4s6)ano rraerfln's Brands, LLc (gg50).
RLFI 3567400v.1

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EXHIBIT A

RLFI 3567400v.1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

)
) )

Chapter

11

MERVYN'S HOLDINGS, LLC, et 4L,r

) )
)

Case No. 08-115S6

(KG)

Jointly Administered

STIPULATION BETWEEN UNITED STATES DEBT RECOVERY LLC AI\D DEBTORS RESOLVING THE CLAIMS OF UNITED STATES DEBT RECOVERY LLC (CLAIM NOS. 356 AND 5282) (TRANSFEREE OF BON MOTIF CO.)
United States Debt Recovery LLC ("US Debt"), as transferee of Bon Motif Co. ("Bon

Motif') and the above-captioned

stipulate as follows:

debtors and debtors

in

possession (the "D_ebtors") hereby

RECITALS

A. B. C. D.

On or after July 29, 2008, Bon Motif provided the Debtors with goods in the

aggregate net amount of $10,067.40.

Bon Motif timely filed proofs of claim (Claim Nos. 356 and 5282) seeking,

among other things, payment of such amount (the',Filed Claims',).

On or about May 18, 2009, Bon Motif transferred Claim No. 5282 in the amount

of $10,710.00 to US Debt [Docket No. 3502].

On January 22, 2010, the Debtors filed the Nineteenth Omnibus Objection

(Substantive) to Certain Overstated Claims and Motion to Reduce or Expunge Such Claims

[Docket No. 4513] (the "Nineteenth Omnibus Objection") seeking to, among other things,
expunge Claim No. 5282.

Th" Debtors r]r cases, along with the last four digits of their federal tax identification numbers, are lhese Mervyn's Holdings, LLc (3405), Mervyn's LLC (44s6) and Mervyn's Brands, LLC (sg50).

RLFI 3567400v.1

E. F.
Filed Claims.

On or about April 14, 2010, Bon Motif transferred Claim No. 356 in the amount

of $10,710.00 to US. Debt [Docket No. 4815].

The Debtors and US Debt have reached an agreement as to the treatment of the

G. 1. 2. 3.

The Debtors and US Debt HEREBY STIPULATE AND AGREE as follows:

AGREEMENT
The Recitals are true and correct and are incorporated herein by reference.

This Stipulation is subject to Bankruptcy Court approval and shall be of no force

and effect unless and

until approved by the Bankruptcy Court.

US Debt (as transferee of Bon Motif) shall be allowed an administrative expense

claim on account of Claim No. 5282 against Mervyn's LLC pursuant to I I U.S.C. gg 503(bX1)
and 507(a)(2) in the amount of $10,067.40 (the "Allowed Administrative Expense Claim").

4. 5.

Claim No. 356 shall be expunged. Payment

of the Allowed Administrative Expense Claim shall be made to

US

Debt, or its designee, in accordance with the terms of the chapter 11 plan ultimately confirmed in
these chapter
1

1 cases

or earlier, ifso ordered by this court.

6.

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 11 trustee appointed in these cases

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

2
RLF1 3567400v.1

Wilmington, Delaware

(No.2732)
Christopher M. Srimis (No. a909) Katisha D. Fortune (No. aS57)

United Statesu0ebt Recovery LLC,

Transferee of Claim Nos. 356 and 528e

RICI{ARDS, LAYTON & FINGE& P.A.

One Rodney Square

King Skeet Wilmingtoq, Delaware 1 9B0l Telephone; (302) 651-77 A0 Facsirnile: Q02) 6St-7701 Email: collins@rlf.com defranceschi@lf com samis@rlf.com forfune@rlfcom
and

920 North

. fr,notrvL I of LLC

flatt4tuo

United States Debt

Recovery

Howard S. Beltzer Wendy S. Walker MORGA}I, LEWIS & BOCKruS LLP 101 ParkAvenue New York, New york t0l7g-0060 Telephone: (Zt2) 309-6000 Facsimile: QIZ) 309-6001 Email : hbeltzer@morganlewis.com wwalker@morganlewis. com

Attoryeysfor the Debtors and

Debtors in Possession

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