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~ RE'~:EiVr~ FEB 2 4 1997 UNITED STATES ~N~~~URT DISTRICT OF COLORADO HONORABLE PATRICIA ANN CLARK iii iiiiiiiiiiiuiu __ 999 BRADFORD L °_~:~^^' , r--~- FEB 191997 1D1$7RICf OF COLORADO .I IN RE: ) MID-CONTINENT RESOURCES, INC., ) CASE NO. 92 11658 PAC TIN 36 1475193, ) CHAPTER 11 Debtor. ) ORDER ON MOTION TO REOPEN The matter before the Court is the motion to reopen filed by the Board of County Commissioners of Pitkin County (the County). Mid-Continent Resources, ~nc., filed an objection to the motion. The Court does not 'ind that the matter requires a hearing as no 'urther evidence or argument .s required to render a decision. 3riefly, the County =~equests that t'~e case ce reopened because _t asserts that it has not been raid in accordance s;ith the Debtor's Second Amended Plan of Liquidation which was confirmed on Aoril 11, 1994. It claims that the Court retains jurisdiction to enforce and interpret the plan. Mid-Continent Resources, =nc., objects to the emotion. It maintains that since Pitkin County was left unimpaired under the Plan it has all of its state law rights and remedies.- Therefore, it does not need to reopen the case to obtain the assistance of this Court to enforce those rights. 'c'or examole, the relevant portions o: Section 39-iC-ii'_, :.~.5., provide remeaies as follows: (1)(a) If at any time after the lien of general =axes has attached the treasurer believes fcr any reason chat any taxable personal orooerty may be removed from the sta ce of Colorado or may be dissicaced cr distributed, so that taxes to be levied for the current year may net be collectible, the treasurer may at once oroceed =~ toilet[ the taxes ant, _'_ the _reasura deems it necessary, may discrain, seize and sell the cezsonal property to enforce collection... i2) Whenever the assessor -...._'_ces tn_ treasure cc t.._ ': aiuat-cn cf any taxable oetson prooerty; as provided _~ secticn ?9-'_'?-'_'_0(2), which prooerty the assessor believes -,fight `e removed 'rom c!:e county, the :reasuzer shall croceed tt coi'_ect t=e ca::es cn the p:cpert_~ by comment:na a tour[ acticn '_..: Coli2Ct'_~.^.. ..,__ DV C1sLC3~nzna, =e_z_ aad seii_no c^e cersonal orooercv as c_rcvicee .n secc_on __-i0-'_si __ either tr.e treasurer __ the assessor ..eems __ ..e ce'__3:'_:. __ ::^.2 _eVV __: 1-._ =-r--..^.C _ __ -.__ not then been ?:red ant -.ace, the .e vv .or tie ozev: =~_s ?ear s:-.a i'_ ~ce us ea _~ deterau ne t :e amount == taxes c•~e. v'~ ~\ J :ec c on ?9-2^-.J2 rev_des __: .he eaie:cement =c s tax __.a -..couch a '-.-_ _tt_cn, ~~nich cav c- _-- -- s sale _ __ uit~: _ ____. _._ =ooo_ntment _t s :_ceiver. -- - --~- ---