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ENFORCE29365
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Last modified
8/24/2016 7:36:24 PM
Creation date
11/21/2007 12:14:46 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1984067
IBM Index Class Name
Enforcement
Doc Date
3/2/1988
Doc Name
AMENDED DISCLOSURE STATEMENT TO ACCOMPANY DEBTORS THIRD AMENDED PLAN OF REORGANIZATION
Violation No.
CV0000000
Media Type
D
Archive
No
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(a) Article I - Definitions. As indicated, <br />the Plan lists a number of definitions of common terms that <br />may arise under the Plan or Disclosure Statement. Said <br />definitions may assist creditors in understanding terminol- <br />ogy under the Bankruptcy Code. <br />(b) Article II - Classification of Claims and <br />Interests. Article II establishes three classes of claims: <br />Class One - Class One consists of claims for <br />administrative costs and expenses as defined under Section <br />507 (a)(1) of the Code. It is anticipated that this class <br />of claims, other than for attcrneys fees and accounting <br />expenses, will amount to a sum less than 51,000.00. Addi- <br />tionally, the legal fees of debtor's counsel, the Law <br />Offices of John M. Franks, P.C., are anticipated to be less <br />than 55,000.00. It should be noted that provisions can be <br />made with certain entities entitled to administrative costs <br />and expenses whereby they defer or agree to accept payment <br />on an installment basis. <br />Class Two - Consists of payment of 525,000 on <br />a priority basis to Springer Building Materials, Inc. <br />Class Three - Consists of the allowed claims <br />of debtors unsecured creditors. Debtor believes that the <br />unsecured creditors have allowed claims totaling 51,000,000. <br />(c) Article III - Claims and Interest not <br />Impaired Under the Plan. The Plan indicates that Classes <br />Two and Three are impaired under the Plan of Reorganization. <br />(d) Article IV - Treatment Unsecured Claims. <br />The Plan informs interested parties that the Debtor has been <br />working with Durango Coal Company (DCC) on the Coal Culch <br />Mine site five miles west of Durango, Colorado. As is <br />outlined in detail in the Plan, DCC as opposed to Peerless <br />shall be the entity funding the Plan. Further, as outlined, <br />DCC first seeks to contribute 51.50 per ton of coal mined <br />and sold to an escrow account at Sun west Bank of Albu- <br />querque, New Mexico until 5140,000 is deposited in escrow. <br />When this amount is deposited, Peerless would obtain a <br />certificate of deposit in the amount of 5140,000 and replace <br />the 5140,000 letter of credit posted by Springer Building <br />Materials, Inc. as the bond with the Colorado Mined Land <br />Reclamation Division so that Peerless could obtain its coal <br />mine permit. <br />DCC would also set up a creditors' fund by <br />contributing S1.50 per ton of coal mined and sold to be <br />distributed quarterly and on a pro rata basis to creditors <br />as to the principal amount of their claims. The Plan notes, <br />however, that DCC would pay off 525,000 to Springer prior to <br />any distribution of the fund to creditors. <br />
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