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10-13800-scc

Doc 2250

Filed 12/13/11 Entered 12/13/11 15:35:10 Pg 1 of 2

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) ) ) ) )

In re: INNKEEPERS USA TRUST, et al.,1 Debtors.

Chapter 11 Case No. 10-13800 (SCC) Jointly Administered

ORDER GRANTING DEBTORS OBJECTION TO THE ALLEGED GUARANTY CLAIM OF CSE MORTGAGE LLC AGAINST INNKEEPERS USA LIMITED PARTNERSHIP AND MOTION TO ESTIMATE THE VALUE OF THE ALLEGED GUARANTY CLAIM AT ZERO DOLLARS FOR DISTRIBUTION PURPOSES1 Upon the Debtors Objection to the Alleged Guaranty Claim of CSE Mortgage LLC Against Innkeepers USA Limited Partnership and Motion to Estimate the Value of the Alleged Guaranty Claim at Zero Dollars for Distribution Purposes (the Objection)2 filed by Innkeepers USA Trust and certain of it affiliates, as debtors and debtors in possession (collectively, the Debtors), requesting entry of an order disallowing and expunging the Guaranty Claim in its entirety or, in the alternative, estimating its value at zero dollars for distribution purposes; all as more fully described in the Objection; it appearing that the relief requested is in the best interests of the Debtors estates, their creditors, and other parties in interest; the Court having jurisdiction to consider the Objection and the relief requested therein pursuant to 28 U.S.C. 157 and 1334; consideration of the Objection and the relief requested

The list of Debtors in these Chapter 11 Cases along with the last four digits of each Debtors federal tax identification number can be found by visiting the Debtors restructuring website at www.omnimgt.com/innkeepers or by contacting Omni Management Group, LLC at Innkeepers USA Trust c/o Omni Management Group, LLC, 16161 Ventura Boulevard, Suite C, PMB 606, Encino, California 91436. The location of the Debtors corporate headquarters and the service address for their affiliates is: c/o Innkeepers USA, 340 Royal Poinciana Way, Suite 306, Palm Beach, Florida 33480. All capitalized terms used by otherwise not defined herein shall have the meanings set forth in the Objection.

10-13800-scc

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therein being a core proceeding pursuant to 28 U.S.C. 157(b); venue being proper before this court pursuant to 28 U.S.C. 1408 and 1409; notice of the Objection having been adequate and appropriate under the circumstances; and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT: 1. 2. The Objection is granted to the extent set forth herein. The Guaranty Claim (Claim No. 711 filed by CSE Mortgage LLC) is hereby

disallowed and expunged in its entirety. 3. Omni Management Group, LLC, the Debtors notice and claims agent, is hereby

authorized to update the Claim register to reflect the relief granted in this Order. 4. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry. 5. All time periods set forth in this Order shall be calculated in accordance with

Bankruptcy Rule 9006(a). 6. The Debtors are authorized to take all actions necessary to effectuate the relief

granted pursuant to this Order in accordance with the Objection. 7. This Court retains jurisdiction with respect to all matters arising from or related to

the implementation of this Order. New York, New York Dated: December 13, 2011 /S/ Shelley C. Chapman United States Bankruptcy Judge

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