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Case 1:20-bk-12043 Doc 3 Filed 07/22/20 Entered 07/22/20 17:38:25 Desc Main <br /> Document Page 23 of 42 <br /> Kentucky Reclamation Guaranty Fund (the "Miscellaneous State Taxes"). The Debtors are <br /> required to pay the Miscellaneous State Taxes to the relevant Authorities on a quarterly basis. <br /> 54. The Debtors seek entry of interim and final orders, subject to and in compliance <br /> with any DIP Order: (i) authorizing, but not requiring, the Debtors, in their sole discretion, to pay <br /> the Taxes and (ii) authorizing financial institutions to receive, process, honor and pay checks or <br /> wire transfers used by the Debtors to pay such Taxes. <br /> 55. The Debtors believe that some of the Taxes collected pre-petition may not be <br /> property of the Debtors' estates and might for that reason be turned over to the Governmental <br /> Authorities. To the extent that they are not actually the property of the Governmental <br /> Authorities, they may well give rise to priority claims. Moreover, the Debtors also seek <br /> authority to pay Taxes in order to forestall the Governmental Authorities from taking actions that <br /> might interfere with the Debtors' businesses, such as blocking the receipt or renewal of permits <br /> required for the Debtors' continued operations or possibly bringing personal liability actions <br /> against directors, officers and other employees in connection with non-payment of the Taxes. <br /> Actions against the Debtors' directors, officers and other employees would likely distract key <br /> personnel, whose full-time attention to the Chapter 11 Cases is required, and would likely cause <br /> potential business disruptions. Any such business disruptions would likely erode the Debtors' <br /> customer base and negatively affect the Chapter 1 1 Cases. Accordingly, the Debtors submit that <br /> the proposed relief is in the best interest of the Debtors' estates. <br /> E. DEBTORS' MOTION FOR ENTRY OF INTERIM AND FINAL ORDERS (I) <br /> AUTHORIZING THE DEBTORS TO PAY CERTAIN PRE-PETITION CLAIMS <br /> OF (A) SHIPPERS, (B) WAREHOUSEMEN, AND (C) SERVICE PROVIDERS, <br /> AND (II) GRANTING RELATED RELIEF <br /> 56. In operating their businesses, the Debtors also rely on (a) common carriers, <br /> movers, shippers, freight forwarders/consolidators, delivery services, trucking and rail <br /> 23 <br />