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1992-08-13_GENERAL DOCUMENTS - C1981017 (2)
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1992-08-13_GENERAL DOCUMENTS - C1981017 (2)
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Last modified
1/22/2021 8:47:31 PM
Creation date
4/30/2012 10:40:17 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
8/13/1992
Doc Name
Memorandum to salvage mine land & equipment
From
Bob Delaney
To
Jim Holden
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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to the Division and shall be used by the Division to reclaim the <br /> area covered by the bond. § 34-331124 (4 ) . <br /> Bankruptcv issues <br /> 1 . Does the automatic stay created by Resources ' <br /> bankruptcy filing enjoin the State of Colorado ( "Colorado" ) from <br /> seeking enforcement of Resources ' reclamation plan? <br /> 2 . Are the claims of Colorado for reclamation of <br /> Resources ' mine entitled to administrative priority in the <br /> bankruptcy case? <br /> 3 . Are the reclamation claims entitled to any super- <br /> priority which would require payment of such claims ahead of <br /> Sanwa? <br /> 4 . Can reclamation claims be asserted against <br /> Resources ' parent if the claims are not satisfied by Resources? <br /> Applicability of Automatic Stav <br /> Section 362 (a) of the Bankruptcy Code [ 11 U.S.C. § <br /> 362 (a) ] generally enjoins the commencement of judicial <br /> proceedings against a bankruptcy debtor or any act to assess or <br /> recover a pre-petition claim against the debtor. Section 362 (b) <br /> sets forth several exceptions to the automatic stay. One such <br /> exception is that the stay does not enjoin actions by a <br /> governmental unit to enforce such governmental unit's police or <br /> regulatory powers. A governmental unit also is free to enforce a <br /> judgment, other than a money judgment, obtained in an action to <br /> enforce police or regulatory powers. <br /> The prohibition on the collection of a money judgment <br /> is an "exception to the exception" provided by 5 362 (b) (5 ) . The <br /> policy behind the prohibition is explained in the Code's <br /> legislative history: <br /> Since the assets of the debtor are in the possession of <br /> the bankruptcy court, and since they constitute a fund <br /> out of which all creditors are entitled to share, <br /> enforcement by a governmental unit of a money judgment <br /> would give it preferential treatment to the detriment <br /> of all other creditors. <br /> S.Rep. No. 989, 95th Cong. , 2d Sess. 52 ( 1978 ) . <br /> The distinction between regulatory enforcement and the <br /> collection of money is not always very clear. For example, could <br /> an increase in the amount of the bond by the Division be <br /> -3- <br />
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