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2015-05-08_GENERAL DOCUMENTS - P2008003
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2015-05-08_GENERAL DOCUMENTS - P2008003
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Last modified
8/24/2016 6:00:07 PM
Creation date
5/8/2015 3:49:27 PM
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Template:
DRMS Permit Index
Permit No
P2008003
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
5/8/2015
Doc Name
Plaintiff's Motion for Default Judgment
From
US Bankruptcy Court - Miami
To
DRMS
Email Name
MAC
Media Type
D
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No
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Case 10- 03623 -AJC Doc 179 -1 Filed 04/29/15 Page 12 of 15 <br />Defaults Aeainst the Remainine Defendants <br />30. None of the remaining Defendants have filed answers or otherwise responded to <br />the Second Amended Complaint. <br />31. As such, on March 27, 2015, the Trustee moved for defaults (D.E. 171), and on <br />April 8, 2015, defaults were entered, against the State of Colorado, Hittle, Taylor, the Boulder <br />Tax Collector, the Boulder Clerk, and Garfinkle (D.E. 172), and on April 24, 2015, the Trustee <br />moved default (D.E. 175), and on April 27, 2015, a default was entered, against Defendant, Left <br />Hand (D.E. 176). <br />32. Further, no liens, claims, encumbrances, and interests against the Bueno and <br />Black Rose Mining Properties have been filed as Proofs of Claims in the Main Case, nor any <br />Adversary Proceeding, have been filed against those properties, that have not otherwise been <br />settled or been resolved through the claims objection process. <br />33. As such, Defaults are hereby further entered against the Secured Claimants and <br />the John Does. <br />Defendants Interests in the Proceeds of the Sale of the <br />Bueno and Black Rose Minine Properties <br />34. Requiring the Defendant to have proven the validity, priority or extent of their <br />purported liens, claims, encumbrances, or interests was and is necessary to, (a) ensure that <br />payment to a Defendant upon adjudication of their interests is warranted, proper, in the correct <br />amount, and will discharge their interests, (b) assure the ultimate purchaser and the title <br />insurance company insuring title, that a Debtor who is a seller of its own interest has paid, <br />discharged or provided adequately for the payment and discharge of all interests, (c) ensure that <br />marketable, or acceptable, title can be conveyed by Debtors to the ultimate purchaser of the <br />Bueno and Black Rose Mining Properties, free and clear of all liens, claims, encumbrances, and <br />12 <br />
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