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Section 6.5.1 from October 1,1993 to November 29,1993);and <br /> d. "Amendment to Debtor's Second Amended Plan of <br /> Liquidation" (April 8, 1994), dated and filed April 8, 1994 <br /> (adding new Section 6.2.5.1). <br /> The Confirming Order became final June 13,1994 (after disposition of the Harker objections, <br /> see PLA_\ §2.11),and it became effective 30 days later(PLAN§ 1.14). <br /> 18. The Confirming Order and its attachments — the PLAN and its three <br /> amendments—were recorded July 28, 1994 as Reception No. 372570 in Book 756 at pages <br /> 841-866 in the office of the Clerk and Recorder, Pitkin County, Colorado. The PLAN, its <br /> amendments,and the Confirming Order are Plaintiff's complaint Exhibit-B.For convenience <br /> of reference,a conformed copy of the PLAN incorporating the three amendments,reduced <br /> in size and with line numbering added to facilitate reference is attached to Defendants' <br /> amended answer and counterclaims in this proceeding(Answer Exhibit 2). <br /> 19. Article VI of the PLAN, captioned "Execution and Implementation of the <br /> Plan", contains the basic PLAN concept—liquidation of MCR bankruptcy estate assets to <br /> fund the Creditors' Trust. Basically the Creditors' Trustee is granted an irrevocable power <br /> of attornev over all assets of the bankruptcy estate (PLAN§6.2.1). Specifically covered is the <br /> Coal Basin"mine site"which is defined in PLAN section 1.24 and includes all Coal Basin real <br /> and personal property as well as the"Carbondale Loadout Tract"located in Garfield County, <br /> near Carbondale, Colorado,id. <br /> 20. The PLAN creates a "Creditors' Trust" (PLAN § 1.10) and establishes a <br /> "Creditors' Trustee" (id. § 1.11). The PLAN creates two"Creditor Representatives" (id. § 1.9) <br /> who supervise as specified in section 6.2 of the PLAN. That PLAN section provides the <br /> Creditors' Trust shall be administered by the Creditors'Trustee (id. §6.2)supervised by the <br /> Creditors' Representatives (id. § 6.2.3). <br /> 21. Disposition of MCR's property, including Coal Basin property, equipment <br /> and "metal structures" as well as the "Carbondale Loadout Tract", made subject to the <br /> Creditors' Trustee's irrevocable power of attorney and subject to an omnibus injunction <br /> against creditors by the Bankruptcy Court,is provided for by the PLAN (§ 6.2.2). <br /> 22. Liquidation of Coal Basin personal property and mine site improvements <br /> subject to the Creditors' Trustee irrevocable power of attorney is further subject to and <br /> governed by the M&MNC CONTRACT (PLAN§ 6.2.5). <br /> 23. PLAN creditor distributions are specifically addressed by section 6.3 and its <br /> subsections. <br /> CIVIL NO.97 cv 131-3 -5- THIRD-PARTY COMPLAINT <br />