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<br />A <br />DoL stated that it intended to bring suit !or payment under the <br />Bonds. ~ B,yp~a ~ 25. Thus, even if the Court finds that the <br />Post-Petition Black Lunq Benefits are `retiree banelits,•~= the <br />DOL must seek payment under the Bonds pzior to asserting any <br />remaining unsecured claim against CFiI in order to avoid • Qouble <br />payment of its claim. <br />!loreover, ainee payment o! the DOL's claim has been <br />contractually assumed by a third party, CFiI aaintaine that the <br />DoL is not entitled to dictribution under the Confirmed Plnn of <br />Reorganization. Specifically, in the Debtors' Disclosure <br />Statement Dated December 1, 1992, which was approved by the Court <br />es containing adequate information, states that: <br />The Plan will not provide any distributions on account <br />of any Claim, the payment of which has been assumed by <br />a third party. Jleeordingly, the Plan will not provide <br />any distributions on account o! Claims whose payment <br />has been assumed by firemen`s land, or any other <br />third party that assumes payment o! any Claim. <br />Confirmation of the Plan will not reiease any third <br />parties from their obligations to pay Claims. <br />Disclosure Statement to Confirmed Plan of Reorganization at <br />19-20. This disclosure was lade part of the Confirmed Plan of <br />Reorganization which stelae that •[tJhe plan will aot provide any <br />distributions on account o! a Claim, the payaent of which has <br />been assumed by a third party.` Confirmed plan o! <br />12. If the Court finds that the Post-Petition Black Lung <br />Benefits are "retiree benefits" within the meaning of section <br />1114(x), CFiI reserves the right to Tile a motion to subordinate <br />the payment of the DOL's claim. ~g Objection and Complaint, <br />Eleventh and Twelfth Causes o! 1-ction. <br />35 <br />