Docket #4320 Date Filed: 12/4/2009

IN THE UNITED STATES BANKRUPTCY COI]RT FOR TIIE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC, et gL,r
Debtors.

)
) )

Chapter 1l
Case No. 08-11586

) )

(KG)

Jointly Administered

,& O"T

//3/2
as

ORDER APPROVING STIPULATION FOR ALLqWANCE OF CLAIM OF pAI\ RrYER INC.

AND NOW, upon consideration of the foregoing Stipulation2 attached hereto

Exhibit

A,

and good cause appearing for the approval thereof,

it is hereby:

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

of the Stipulation and this Order.

Dated:L

4-oo,
ilmington, Delaware
THE H

Th" D"btor. in these cases, along with the last four digits of their federal tax identification numbers, are Holdings, LLC (3405), Mervyn's LLC (4456) and Merqm's Brands, LLC (8850). Mervyn's 2 Terms not defined herein shall have the meanings attributed to them in the Stipulation

0q/v),$ #: 0811586091204000000000003

EXHIBIT A

IN THE I]I{ITED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC,et
Debtors.

)
atr )
) )

Chapter

11

Case No.08-11586

(KG)

)
)

Jointly Administered

STIPULATION FOR ALLOWANCE 9F CLAIM OF DAI\I

RMR

INC.

Jeoffrey Burtch, Chapter 7 Trustee (the "Trustee") for Dan River Holdings, LLC et al.
and the above-captioned debtors and debtors in possession (the "Deblors') hereby stipulate as

follows:

RECITALS

A.

On

April 20,2008, Dan River Holdings, LLC et al.2 (coTlectively, "Dgq-River")

filed voluntary petitions for relief under Chapter 11 of title I I of the United States Bankruptcy
Code (the "Bankruplgy_Qqde").

B.
Cases,

On April 22, 2008, an Order was entered jointly administering the Dan River

C. D.

Effective December 17,2008, the Court converted the Dan River Cases to cases

under Chapter 7 of the Bankruptcy Code.

On December 17,2008, Jeoffrey L. Burtch was appointed as Chapter 7 interim

trustee in the Dan River Cases. The meeting of creditors concluded on March 10,2009. Jeoffrey

The Debtors in these cases (the "Meryvn's Cases"), along with the last four digits of their federal tax identification numbers, are Merryn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC
(8850). in the Dan River cases are as follows: Dan River Holdings LLC, Case No. 08-10726(BLS); Dan River Inc., Case No.08-10727 (BLS); Dan River Factory Stores, [uc., Case No. 08-10728 @LS); Dan River Intemational Ltd., CaseNo. 08-10729 (BLS); The Bibb Company LLC, Case No. 08-10730 (BLS) (collecfively, the "Dau-River Cases"),

t Th" d"btoo

DBv63U2l59.2

Burtch now serves as the Trustee for the Dan River Cases pursuant to Section 702(d) of the
Bankruptcy Code.

E. F. G. H. 1. 2. 3.

Previously, on July 2g,20}8,the Debtors filed voluntary petitions for relief under

Chapter 11 of the Bantr<ruptcy Code.

Prior to July 9, 2008, Dan River Inc. provided the Debtors with goods in the

aggtegntenet amount of $77,870.05, which amount remains unpaid. On or about October 27,2008, Dan River Inc. timely filed a proof of claim (Claim

No. 346) seeking, among other things, payment of such amount (the "Filed Claim').
The Debtors and the Trustee IGREBY STIPULATE AND AGREE as follows:

AGREEMENT
The Recitals are true and correct and are incoqporated 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 Claim, the chapter 7 estate of Dan River Inc. shall be

allowed a general unsecured claim aeainst Mervyn's LLC in the amount of $77,870.05 (the "A!!owed_e!4im").

4.
chapter

Paynent of the Allowed Claim shall be made in accordance with the terms of the
11 cases.

1l plan ultimately confirmed in these chapter

5.

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 the Mervyn's Cases;

(ii) any chapter

11 trustee appointed in the

Mervyn's Cases and/or (iii) any chapter 7 trustee appointed or elected in the Mervyn's Cases.
lSignatures on thefollowing pagel

D8v63842L59.2

TAYLOR P.A,

Christopher M. Samis (No. 4909) L. Katherine Good (No. 5101) RTCHARDS, LAYTON & TINGER, P.A. One Rsdney Square 920 North King Streef Wilmington, Delaware 1 980 I Telephone: (302) 651-770A Facsimile: (302) 651-7701

The Brandywine Building

Wilmingtoll, DE 19801 Telephone: (302) 984-3800 Facsimile: (302) 984-3939

Email : gdick@coochtaylor,

con

Counsel to Jeoffrey L. Bwtch, Chapter 7 Trusteefor Dan River Holdings, LLC el al.

Email: collins@lf.com defranceschi@rlf.com samis@lf"com good@rlf.oom

and

Howard.S, Beltzer Wendy S. Walker

MORGAN, LEWIS & BOCKruS I-LP 101 Park Avenue New Yorh New York 10178-0060 Telephone : (212) 309-6000 Facsimile: tZtZ) 309-600I Email : hbeltzer@morganlewis. com
wwalker@morgan I ewis.com Attorneys for the Debtors and Debtors in Possession

DIll/6384?159.2