Waldemar E. Albers Revocable Trust et al v. Mid-America Energy, Inc. et al

Filing 311

ORDER APPROVING CLAIMS REGISTRY. Signed by District Judge Aleta A. Trauger on 5/31/11. (xc:Pro se party by regular and certified mail.)(dt)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
WALDEMAR E. ALBERS REVOCABLE
TRUST, et al.,
Plaintiffs,
v.
MID-AMERICA ENERGY, INC., et al.,
Defendants.

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Civil No. 3:07-0421
Judge Trauger

ORDER APPROVING CLAIMS REGISTRY
This matter came before the court on the Receiver’s Motion For Approval of Claims
Registry (the “Motion”) filed on February 17, 2011. In the Motion, the Receiver sought an
Order approving the Registry of Proofs of Claim submitted to the Receiver (the “Claims
Registry”). Interested parties having had the opportunity to object to the Motion, the court finds
that the notice proposed by the Receiver in the Motion and the Receiver’s determination as to
which Proofs of Claim should be included in the Claims Registry as approved claims is
appropriate under the circumstances presented and that good cause has been shown. IT IS
HEREBY ORDERED
as follows:
1.

The Motion is granted.

2.

The Claims Registry, which is comprised of three exhibits attached to the Motion

as Exhibit D, and Exhibits E-1 and E-2, is approved.
3.

The claims included in the Claims Registry shall be deemed allowed, and, to the

extent of any distribution from the receivership estate, the holders of such claims shall be entitled
to their pro rata share of such distribution according to the priority of their claim.

4.

All the claims except those of Joseph Coll and Peter DiMartino against MAEI and

MAOG or the assets (as defined in the motion) shall, absent further order of the court, be forever
barred, estopped, and enjoined from: (I) asserting any claims that such person or entity may have
against this receivership estate or against MAE and MAO&G , and (ii) receiving any distribution
from the Receiver. The claimants Coll and DiMartino shall have 30 days within which to
request a hearing before the Magistrate Judge to show cause why their claims should be allowed.
They are warned that failure to request such a hearing will result in their claims being barred.1
5.

This Order applies to every claim that has been, is, or could be asserted, now or in

the future, against MAE and MAO&G or the Assets—except claims of professionals for fees
incurred in the receivership cases of MAE and MAO&G.
It is so ORDERED.
Enter this 31st day of May 2011.

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ALETA A. TRAUGER
U.S. District Judge

1

The court notes that Joseph Coll has timely requested such a hearing. (Docket No. 303)
2