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Docket #4509 Date Filed: 1/21/2010

IN TIIE UNITED STATES BANKRUPTCY COURT FOR TI{E DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC,9!
Debtors.

) &,t )
)

Chapter

11

Case No. 08-11586

(KG)

Jo)ntly Administered

(e

Err /lttd

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF CLATMS OF 4 WHATTTSWORTH rNC. AND NOW, upon consideration of the Stipulation attached hereto as Exhibit.A, and good
cause appearing for the approval thereof,

it is hereby:

ORDERED, that the Stipulation is APPROVBD; and it is frrrrher ORDERED, the Court shall retain jurisdiction over the implementation and enforcement

of the Stipulation and this Order.

,2010
lmingtonn Ilelaware

THE

' The Debtors inthese 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 (gg50).
RLFI 3528967v.1

0q/v*!5 (Z 0811586100121000000000008

EXHIBIT A

RLFI 3528967v.1

TN

THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

)
)

Chapter

11

MERVYN'S HOLDINGS, LLC, et aj.,t

)
)

Case No. 08-11586

(KG)

)
)

Jointly Administered

STIPULATION FOR ALLOWANCE ANI) PAYMENT OF CLAIMS OF 4 WHATITSWORTH INC.

Whatitsworth Inc.

("4 What") and the above-captioned debtors and debtors

in

possession (the "Deb!Qrs") hereby stipulate as follows: RH--C.ITALS

A.
amount of
$
1

Prior to July 9, 2008, 4 What provided the Debtors with goods in the aggregate
63,63 8. I 4

(he "bpg!i!igg-Claim").

B.
Claim").

Within the twenty days prior to July 29,20A9 (the "Petition Date"), 4 What

provided the Debtors with goods in the aggregate amount of $62,698.57 (the "Twenty-day

C. D.

On or after the Petition Date, 4 What provided the Debtors with goods in the

aggregate amount of $45,100.80 (he "Postpetition Cl-air4").

On or about January g, 2009,4 What timely filed proofs of claim (Claim Nos.

4670,5224,5225,6591, 6592 and6594) seeking, among other things, payment on account of the Prepetition Claim, the Twenty-day Claim and the Postpetition Claim (collectivelY, the "Filed Claims").

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),

D81164077997.1 lll'Fl 3528967v.1

E.

On or about October 23, 2A09, the Debtors filed that certain Twelfth Omnibus

Objection (Substantive) to Certain (A) Overstated and (B) Overstated and Misclassified Claims
and Motion to (I) Reduce or Expunge or (II) Reclassify and Reduce or Expunge Such Claims

[Docket No. 4157], seeking, among other things, to disallow and expunge certain of the Filed
Claims,

F. 1. 2. 3.

The Debtors and 4 What 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.

On account of the Filed Claims, 4 What shall be allowed (i) a general unsecured

claim against Mervyn's LLC in the amount of $169,005.38 (the "Allowed Unsecured Claim"),

(ii) an administrative

expense claim against Mervyn's

LLC pursuant to 11 U.S.C' $ 503(bX9) in


an

the amount of $51,657.87 (the Allowed Twenty-day Administralive Claim") and (iii)
administrative expense claim against Mervyn's LLC pursuant

to 11 U.S.C. $$ 503(bxl)

and

507(a)(2) in the amount of $45,028.30 (the "Allowed Postpetition Administrative Claim" and together with the Allowed Unsecured Claim and the Allowed Twenty-day Administrativo Claim,
the "Allowed Claims").

5. 6.

Payment of the Allowed Claims shall be made in accordance with the terms of the

chapter l1 plan ultimately confirmed in these chapter l

cases.

This Stipulation shall be binding upon (D any liquidating trustee; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any

DBV6/,n7991.l RLFI 3528967v.1

chapter I I plan confinned in these cases;

(ii) any chapter I I

trustee appointed in these cases

and/or (iii) any chapter 7 trustee appointed or elected in these cases. Dated:

ittu
are

Dated:

r tlt-ql/o-.-t

Los Angeles, Califomia

nceschi (No.2732) r M. Samis (No. 4909) L. Katherine Good (No. 5i01)

RICHARDS, LAYTON & FINGER, P.A.


One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 651-7700 Facsimile: (3OZ) 651-7701 Email: collins @rlf.com defranceschi@ rlf.com samis@rlf.com good@rlf.com and

A Professional Corporation 1000 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017-2457 Telephone: (213) 891-0700 Facsimile: (213) 896-0400 Email: bharvey@buchalter.com

Counsel to 4 lVhatitsworth Inc.

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060 Telephone: (212) 309-6000 Facsimile: (212) 309-6001 Email : hbeltzer@ ntorganlewis.com wr.valker@ morganlewi s. com
Attorney,s

for the Dehtors and

Debtors in Possession

L:rBlt64,a77997.1

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