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1993-07-30_GENERAL DOCUMENTS - C1981017
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1993-07-30_GENERAL DOCUMENTS - C1981017
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Last modified
1/28/2021 5:14:50 PM
Creation date
4/30/2012 10:58:37 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
7/30/1993
Doc Name
Plan of liquidation filed 07/02/1993
From
Fairfield and Woods, P.C.
To
Holden & Jessop, P.C.
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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Rini=AND WOODS, PC. <br /> ATTORNEYS AND COUNSELORS AT LAW <br /> James Holden <br /> July 30, 1993 <br /> Page 3 <br /> whatsoever, or words to that effect? Also, it should be made clear <br /> that the MLRB has no deficiency or other claim in any other Class . <br /> Section 2 . 7 -- The sentence should end with the phrase <br /> "excluding Class 10 , 11, and 12 claims, " as the definition of Class <br /> 8 ends . <br /> Section 2 . 9 -- This definition should make it clear that <br /> neither the MLRB nor Sanwa has any claim in Class 9 and that Class <br /> 9 does include the claims of CCIA and Public Service Co. and any <br /> other creditors with liens junior to Sanwa' s . <br /> Sections 2 . 10 and 2 . 12 -- It should be made clear that these <br /> Classes include claims of those entities and persons no matter how <br /> arising, that is, whether direct or by reason of subrogation. <br /> Also, in sub-paragraph (iii) of Section 2 . 12 , could we refer to all <br /> "subsidiaries and affiliates"? <br /> Section 4 . 5 -- This section requires that 2/3 of all allowed <br /> unsecured claims actually vote in favor of the Plan. First, how do <br /> we know what 2/3 of "all" is? What are "all" of the allowed <br /> unsecured claims? Second, compare this to Section 7 . 1 and the <br /> Disclosure Statement . The latter two make it clear that if the 2/3 <br /> vote is not obtained, the entire Plan fails and is withdrawn. This <br /> Section, however, is not clear on that point . Third, do you think <br /> it likely that 2/3 of "all" allowed unsecured claims will actually <br /> vote at all, never mind for the Plan? I know that CCIA, PSCo. , and <br /> the D&RGWRR hold claims in very large amounts, but without being <br /> sure what "all" is, I think there is considerable risk in this <br /> element of the Plan. <br /> Section 5 . 1 . 2 -- Was Mid-Continent Minerals the only related <br /> entity to make advances, or should we refer to all Class 12 <br /> creditors here? <br /> Section 6 .2 . 1 -- Are there any tax implications to creating <br /> separate trusts and conveying assets to those trusts, especially <br /> free and clear of liens? For instance, will the trusts be separate <br /> tax filing or reporting entities? Will they have to pay tax on any <br /> "gain" upon sale? Will the Debtor' s tax basis carry over to the <br /> trusts? Is the Debtor' s tax basis enough to prevent taxable gain? <br /> Will the trusts be able to take advantage of any NOL of the Debtor <br /> to offset any gain on sale of an asset? <br /> Section 6 . 2 . 2 -- Add a reference to all avoiding actions <br /> preserved for the benefit of the estate under section 551 . <br />
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