GENERAL47639

• Permit No: M1977376
• IBM Index Class Name: General Documents
• Doc Date: 8/12/1991
• Doc Name: CERTIFICATE OF SERVICE OF NOTICE OF HEARING&OBJECTION DEADLINE ON OBJECTION TO&MOTION FOR ESTIMATION
• Media Type: D
• Archive: No

The State of Colorado end a number of other PRPa 1latad on
Exhibit A Llled claims !n thaaa cocas. several of the claims era
wade under the caption of these eoneolidatad cease and do not
epeclty individual debtors. Ths only one o! the debtors which is
a PRP at the Lowry Land[111 is CFiI. Clean I1-0165 by the State
of Colorado erroneously Sdantlties •CPiI/Denver Netsls.• A
•Denver Metal Finishing Cospeny 1s included on EPA'^ list o!
PRP$ but that company Ss wholly unrelated to any of debtors,
including Denver Metals Company.
Tha Colorado Department of Health tiles claim l1-0165 in the
amount of $500,000,000 es en unsecured non-priority claim tot
Lowry Landtlll. In order to resolve that claim, and any other
cleime related to Lhe Lowry Landfill which might be asserted by
the State of Colorado ar EPA under any other stets or taderel
envlronmantal legisletlon, debtors have requested that the Court
estimate the clela of the State o! Colorado pursuant to 11 U.S.C.
S5o2(c) in the amount of $x,127 only. 1'h'-e amount Ss the amount
which would have been claimed by EPA, hdd St asearted a claim.
Debtors ^eak the dieallovancs of the claims for contribution
filed by the other PRP$ listed on Exhibit A pureuent to the
provlalone of f 502(e) of the Bankruptcy Code, since all such PRP
clalmante ere jointly and severally liable with debtor, because
ell each claims are contingent, end bacauso such claims would
duplicate the claims proposed to ba partially allowed to the
State of Colorado.
S
CPiI snake to have any claim allowed agalnet CPiI (or any
other debtor) related to Lowry Landfill treated as an unsecured
non-priority clefs since it relates to property not owned by CPiI
end to events which occurred prior to CPiI's November 7, 1990
petition Lor rsorganlzation under the U.B. 8snkruptey Cods.
The State of Colorado has included in ltis c1d1Y the amount
of $25,000 which represents s statutory Nst6ldous Octets
senegeaent tae Lor calendar year 1990. C.A.A. 2S-j~-107 and
!100.7 of the Colorado Hazardous Naeta Regulations, That
portion o1 the annual tea for the pre-petition psrlod prior to
November 7, 1990, is acknovladged es an uneacured clala in the
amount of $21,277. That portion of the annual fee Lor the period
frog November 7, 1990 through December 71, 1990 1s aeknovladgad
as sn edminlstretlve clots. The post-petition cleis vas paid on
June 20, 1991 Sn the amount of $7,767.
Por the reasons stated above and in Debtors' objection and
memorandum, Debtors hove sowed thr Court for sn order: (1)
estimating the claim oL the State o[ Colorado ss to the Lowry
Landfill Sn the amount o[ $1,127 and allowing such claim agalnet
CPiI Steel Corporation Sn such amount es snon-priority
unsecured elalmt and (2) dleelloving ell clalma of PRPS ee to the
Lowry Landfill or, in the alternative, eatimeting such clelms et
$0 and allowing such clalme against CPiI in such amount; end (])
disallowing the claims tiled late: and (~) disallowing all clelms
o[ the State of Colorado oc of other PRPe e^ to the Lowry
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