The opinion of the court was delivered by: FULLAM
Before HON. JOHN P. FULLAM, J.
Order No. 2921 authorized the Trustees to extend an offer to settle all outstanding prebankruptcy personal injury claims which were then liquidated in amount (or which thereafter became liquidated in amount during specified periods) by paying in full, in cash, the principal amount of such claims "exclusive of interest and penalties."
The petitioner, Stella Hand, Administratrix of the Estate of Arthur Hand, Deceased, filed suit in the state courts of New York to recover damages occasioned by the death of her decedent in 1965. The jury returned a verdict in the amount of $200,000, which was later, on appeal, reduced to $125,000. On January 12, 1971, judgment was entered on the verdict in the sum of $125,000, "together with the interest from the 22nd day of January, 1965, in the amount of $49,334 and costs."
In implementation of the settlement program contemplated by Order No. 2921, a member of the Trustees' staff initially calculated that the petitioner would be entitled to receive the sum of $169,924.85 pursuant to the compromise settlement (the verdict of $125,000, plus interest to the date the bankruptcy petition was filed). Thereafter, petitioner's counsel was advised that this calculation was in error, and that no interest, pre - or post-bankruptcy, would be honored. The Trustees therefore extended an offer to pay, pursuant to the compromise program, the total sum of $125,000. Petitioner now seeks an Order compelling the Trustees to include pre-petition interest, and to reinstate their offer of $169,924.85.
In my judgment, the principal amount of petitioner's claim "exclusive of interest and penalties" is the sum of $125,000. Petitioner may either accept cash payment of that sum in installments, pursuant to the compromise program, or pursue her full claim under the Plan. To rule otherwise would be to grant petitioner preferential treatment over other prebankruptcy personal injury claimants.
Similar issues have been raised by the petition filed by Florence LaRocco (Kohler) (Doc. No. 13953). Separate Orders will be entered in each case denying the petitions.
AND NOW, this 4th day of October, 1977, upon consideration of the Petition of Stella Hand to Compel the Trustees to Honor Pre-Bankruptcy Judgments As Having Been Liquidated (Petition) (Document No. 13708), the Trustees' Answer thereto, and on notice duly given in accordance with the Order of Notice, it is ORDERED:
1. The Petition is denied.