Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-O1430—Gl\/IS Document 8 Filed O4/25/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ANC RENTAL CORPORATION, et al.
ANC RENTAL CORPORATION, et al. §
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Appellant § Civil Action No. 04-1430
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V- § I
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HARRIS COUNTY, ET AL. §
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Appellee § Bankruptcy Case No. 01-1 1200
STIPULATION ALLOWING CLAIMS OF THE
HARRIS COUNTY, TEXAS TAXING AUTHORITIES AND RESOLVING HARRIS
COUNTY ADVERSARY PROCEEDING AND APPEAL
WHEREAS, on November 13, 2001, (the "Petition Date”), ANC, a Delaware
corporation, ("Debtor"), filed a voluntary petition for relief under ll U.S.C. § 101 er. seq. (the
"Bankruptcy Code"), in the United States Bankruptcy Court for the District of Delaware;
WHEREAS, upon confirmation of Debtor’s Plan of Reorganization, this Court retained
jurisdiction to hear and determine Claims,
WHEREAS certain taxing authorities located in Harris County, Texas, and vested with
statutory authority for imposition and collection of local ad valorem taxes against taxable assets
within their county, (hereafter, collectively, "the Harris County, Texas Taxing Authorities"),
tiled various proofs of claim against Debtor, for alleged unpaid and owing ad valorem taxes, plus
post-petition interest thereon; and
WHEREAS Debtor interposed various objections to the claims in Debtor’s Sixth
Omnibus Objection to claims; and
WHEREAS Debtor also challenged various claims of the Harris County, Texas Taxing
Authorities in Adversary filing No. 03-53895-MFW styled ANC Corporation v. County of
sri 528144vl/11002.003

Case 1:04-cv-O1430—Gl\/IS Document 8 Filed O4/25/2005 Page 2 of 3
Harris, Et. Al. (the "Harris County Adversary"), which the Bankruptcy Court dismissed, upon
motion, but as to which dismissal Debtor perfected a timely appeal;
WHEREAS, in resolution of the disputed issues, certain specified claims will be
allowed, as enumerated below, to be paid on or before March 31, 2005, followed by
expungement and withdrawal of all other claims of the Harris County, Texas Taxing
Authorities and Debtors objections thereto; and
WHEREAS, Debtor has, separately, settled its disputes with the remaining taxing
authority involved in the Harris County Adversary, thus facilitating complete dismissal,
with prejudice, of its appeal of the Order Dismissing the Harris County Adversary:
NOW THEREFORE, IT IS HEREBY STIPULATED AS FOLLOWS:
1. Claim Number 8921 submitted by County of Harris, State of Texas, in the amount
of $236,33150, and on behalf of the City of Houston in the amount of $220,492.53, shall be
allowed and paid in the amounts of 295,414.37 to the County of Harris and $275,615.66 to the
City of Houston, respectively.
2. Claim Number 10301, submitted by County of Harris, State of Texas, in the
amount of $191,56886, and on behalf of City of Houston in the amount of$l77,223.08, shall be
allowed and paid in the amounts of 239,461.08 to the County of Harris and $221,528.85 to the
City of Houston.
3. c Claim Number 8928 submitted by the Houston Independent School District in the
amount of $141,423.75 shall be allowed and paid in the amount of $176,77969.
4. Claim Number 8925 submitted by the Katy Independent School District in the
amount of $ 97,529.76 shall be allowed and paid in the amount of $103,100.76
5. All of the payments specified above shall be paid on or before March 31, 2005,
and deemed paid expressly subject to the terms of this Stipulation, whether or not the same has
yet been approved by formal Order of the U.S. District Court or U.S. Bankruptcy Court.
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sti 5281440111 1002.003

Case 1:04-cv-O1430—Gl\/IS Document 8 Filed O4/25/2005 Page 3 of 3
6. Other than as to the claim ntunbers specifically enumerated above and as allowed
in the specified amounts, any and all other claims filed herein by any ofthe listed Harris County,
Texas Taxing Authorities shall be, and the same are, expuned and, in consideration for the
allowed amounts specified above, are deemed withdrawn by the claimants. Debtors’ objections
to the enumerated claims, pursuant to allowance ofthe claims inthe amounts set forth above, are
also deemed withdrawn.
J.M. HARRISON & ASSOCIATES STEVENS & LEE, P.C. _
I { { ` if
~ J ph M. arrison IV Jo rey ( o. 23 "W
State Bar No. 09116150 Tho G. Whalen, J . (No. 4034)
1035 C. Street, Suite 200 1105 N. Market Street
Floresville, TX 78114 Wilmington, DE 19801
Telephone: (830) 393-0500 Telephone: (302) 654-5180
Telecopier: (830) 393-4941 Telecopier: (302) 654-5181
Attorneys for Liquidating Trustee Attorneys for Liquidating Trustee
Linebarger Heard Goggan Blair
Graham Pena & Sampson, LLP
Elizabeth M. Weller, Esq.
State Bar No. 00785514
2323 Bryan Street, Suite 1720
Dallas, TX 75201-2691 l .
(214) 880-0089
(214) 754-7167
Attorney for the Harris County, Texas Taxing Authorities
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sri 528144vi/11002.003