1994-04-04_GENERAL DOCUMENTS - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 4/4/1994
• Doc Name: Case No. 92 11658 Supplement to Report on Voting on Debotors Second Amended Plan of Liquidataion
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

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UNITED STATES DISTRICT COURT FOR THE %_/ L
DISTRICT OF COLORADO IN BANKRUPTCY
In re: )
MID-CONTINENT RESOURCES, INC. ) Case No. 92 11658 PAC
)
T.I.N. 36-1475193 ) (Chapter 11)
Debtor. )
SUPPLEMENT TO REPORT ON VOTING
ON DEBTOR'S SECOND AMENDED PLAN OF LIQUIDATION
Mid-Continent Resources, Inc. , debtor in possession (the
"Debtor" ) , through its counsel, Holden & Jessop, P.C. , supplements
its April 1, 1994 Report on Voting on Debtor's Second Amended Plan
of Liquidation (the "Plan" ) , as follows:
1. The Report noted that with respect to Class 5, the
Colorado Department of Natural Resources, Division of Mineral
Geology (the "DMG") had accepted the Plan while the United States
Department of Interior, Office of Surface Mining Reclamation and
Enforcement, (the "OSM") _had rejected the Plan. The Report further
noted-- under. --.�governing reclamation, the
State'of Colorado has exclusive jurisdiction over reclamation, and
that the State's acceptance of the Plan therefore should override
the OSM's rejection of the Plan.
2. A review of the scheduled and filed in the case
confirms this result. The Debtor scheduled the State of Colorado
Mined Land Reclamation Board in the estimated amount of $3,000,000,
on account of a reclamation bond secured by a senior lien on a
rockdust plant. The Debtor scheduled the OSM in the amount of
$24,113.69, for 1990 reclamation taxes which are paid into an
abandoned mine fund which is unrelated to reclamation of the
Debtor's mine.
3. The bar date for filing claims in the case was
November 29, 1993. The DMG timely filed a claim for reclamation,
Number 106, in an unliquidated amount, the secured portion of which
was stated-to be $3,015,713. No claim for reclamation was filed by
the OSM, despite being scheduled in the case and despite notice of
the bar date having been served on the OSM in Washington, D.C. and
on the Denver field office.
4. The scheduled and filed claims for reclamation in
this, case thus are held by the State of Colorado rather than the
OSM, reflecting the exclusive nature of State jurisdiction.