Laserfiche WebLink
-- <br /> <br />The relevant undisputed facts of this matter are as follows: <br />1. On April 11, 1994, the Court confirmed the second amended plan <br />of liquidation filed by the Debtor on January 18, 1994 and modified <br />on February 1, 1994, March 3, 1994, March 9, 1994 and April 8, 1994 <br />as amended (the "Plan"). <br />2. The Plan provisions which specifically dealt with tax claims <br />such as those held by Pitkin County state: <br />2.1 Class 1 -- Property Taxes. Class 1 shall consist of <br />the Allowed Claims of the State of Colorado and its <br />political subdivisions, including Garfield County, <br />Gunnison County, and Pitkin County, for property taxes <br />accrued to the Effective Date, which are secured by a <br />senior statutory lien on the Debtor's real and personal <br />property. <br />3.1 Class The Plan -eaves anaitered ~he '_egal, <br />equitable, and contractual rights of the Class ~ claims <br />(property taxes). <br />6.2.2 Disposition of Property Transferred into or <br />Controlled by Creditors' Trust. ?roperty transferred <br />pursuant to the Creditors' Trustee's power of attorney <br />shall be transferred free and clear of liens and claims, <br />except for the statutory lien of real property taxes. <br />Pending such transfer, all creditors of the Debtor shall <br />be enjoined from all efforts to collect their claims from <br />the property which is subject to the Creditors' Trustee's <br />power of attorney. Net Proceeds of property sold by the <br />Creditors' Trustee pursuant to his power of attorney <br />shall be retained by the Creditors' Trust and distributed <br />in accordance with the provisions of the Plan. The <br />Creditors' Trustee, in his discretion, may terminate the <br />lease of the mid-Continent Quarry, thereby returning the <br />property to the lessor, if the Creditors' Trustee <br />determines that the detriments of retaining that property <br />outweigh the benefits of such retention <br />6.3 Distributions from Creditors' Trust. The Creditors' <br />Trust shall pay property tax claims in Class 1 from the <br />proceeds of property on which the property taxes are <br />owed, or as necessary to prevent _oss of title to tax <br />certificate holders. The Creditors' "'rust also =_hall pay <br />the Class Z Allowed Claim as provided .n Section =.i of <br />the Plan, and tax priority claims as provided in Section <br />5.2 of the Plan.... <br />