Laserfiche WebLink
Case 10- 03623 -AJC Doc 179 Filed 04/29/15 Page 13 of 16 <br />sale, including all administrative expenses that have enabled the Trustee to recover and sell the <br />Bueno and Black Rose Mining Properties. <br />35. Accordingly, the Trustee requests that this Court enter a Final Declaratory Judgment <br />on the Second Amended Adversary Complaint, determining that there are no liens, claims, <br />encumbrances, and interests in the Bueno and Black Rose Mining Properties, including any <br />Defendants laying claim to the Estate's rights and interests in such property, which has now been <br />sold, except for those interests of Worldwide that have already been determined as pursuant to <br />the Court approved settlement between the Trustee and Worldwide, which interest has already <br />been paid from the sale proceeds, as required by the settlement agreement. <br />36. The Trustee requests that this Court determine that Defendants, in this action, were <br />required to prove their respective co -owner interests, and those who failed to do so, are <br />precluded from either (i) asserting or proving title and/or ownership of the co -owner interest, or <br />(ii) sharing in the receipt of sale proceeds in accordance with the requirements of 11 U.S.0 <br />§363(p)(2). <br />37. The Trustee requests that this Court determine in the Final Declaratory Judgment <br />the interests of the Defendants after the sale of the Bueno and Black Rose Mining Properties, and <br />determine that no Defendants, other than Worldwide, who properly asserted, and has been paid <br />on its interest, hold an interest in the Bueno and Black Rose Mining Properties, or the proceeds <br />of their sale. <br />38. Except for the payment of the settled interests of Worldwide, which has been paid <br />from the proceeds of the sale of the Bueno and Black Rose Mining Properties to Worldwide, the <br />Trustee held the amount realized from the sale of the Bueno and Black Rose Mining Properties <br />13 <br />