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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
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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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cents per ton or $5,000,000. As a result of losing the <br />Kaiser lease, DCC and Peerless believe that some 8 million <br />tons of coal were reliquished. <br />The major asset of PRI is its state coal mining <br />permit, which Debtor estimates is worth 548,000. Under the 5 <br />permit, Peerless and DCC can mine the leased property. ~jDCC <br />'plans to mine 110,000 tons of coal during the mines first <br />year of production; 250,000 tons to be mined in the second <br />year; 350,000 tons to be mined during the third year; <br />450,000 tons to be mined during year four; and 500,000 tons <br />to be mined during year fi~'ve. These figures were originally <br />projections for the first five years of mine operations. <br />Due to the earlier work performed on the mine site, <br />DCC is in a position to mine the coal so long as PRI's state <br />permit is in effect. DCC has been negotiating with Denver <br />Coal Company and believes that it will have a contract to <br />sell up to 100,A00ff=tons a year with this company shortly. <br />The minimum sale pY~ice is 522 per ton. DCC stands to earn <br />57 per ton after mining and shipping costs are subtracted. <br />As indicated, Peerless owes DCC an unsecured debt of <br />$445,000. DCC would waive said amount and contribute 51.50 <br />per ton of coal mined and sold on a monthly basis to a fund <br />to be established to pay off creditors as to the principal <br />amounts of their debts only. In return, DCC would require <br />PRI to relinquish all rights, claims and title etc. under <br />the Joint Venture Agreement. Following payment of all <br />creditors, DCC would receive PRI's permit. During reor- <br />ganization, PRI would keep no employees and would make no <br />profits or sustain losses. Following DCC's payment of <br />creditors, PRI would be absolved of financial liability. <br />EFFECTUATION OF THE PLAN OF REORGANIZATION <br />The Plan is based upon Debtor's belief that present <br />forced liquidation of its liquid assets would leave all <br />creditors in jeopardy of recovering their claims against <br />Debtor. Debtor believes that should liquidation of its <br />assets occur at this time, most all of its creditors would <br />not be paid much of anything. However, if creditors would <br />confirm the Plan of Reorganization proposed, the creditors <br />would be paid as highlighted under the Plan which Debtor <br />believes is substantially more that would be available under <br />a forced liquidation. <br />The Debtors reserve the right to object to the <br />allowance of one or more unsecured claims if the claims <br />differ from those listed on the Schedules of the Debtor as <br />filed in this proceeding. Claims listed on the Schedules of <br />the Debtor in this proceeding are not disputed as to the <br />amount unless set forth therein. According to applicable <br />provisions of Title 121, United States Code, claims of <br />
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