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Trustee by the Bankruptcy Court's PLC\ of liquidation. This Court is without power to <br /> modify either the PLAIT or its discretionary implementation by the Creditors'Trustee under <br /> the supremacy clause of the federal constitution,U.S.CONST.ART.vi§2.Bankruptcy matters <br /> are exclusively federal within the purview of federal courts. Interpretation and <br /> implementation of the Bankruptcy Act by a federal court's duly adopted PLAN may not be <br /> properly disturbed by a state court. <br /> Third Affirmative Defense <br /> (Bankruptcy Court Retained Jurisdiction) <br /> 102. For an affirmative defense to the allegations of Plaintiffs' complaint, <br /> Defendants reallege the allegations in paragraphs 49-99 above and further state that by the <br /> express terms of the PLAN (§ 9.1),jurisdiction of matters alleged in Plaintiffs' complaint is <br /> vested exclusively in the Bankruptcy Court: <br /> 9.1 Jurisdiction retained.Following confirmation,the Court will retain <br /> jurisdiction for the following purposes: <br /> (b) Determination of all questions and disputes regarding title to the <br /> assets to be administered pursuant to the Plan, and the <br /> determination of all causes of action, controversies, disputes or <br /> conflicts,whether or not subject to action pending as of the date of <br /> confirmation,between the Debtor and any other party,including <br /> but not limited to, any rights of the estate to recover assets <br /> pursuant to the provisions of the Bankruptcy Code. <br /> (c) The correction of anv defect, the curing of any omission, or the <br /> reconciliation of any inconsistency in the Plan or the Order of <br /> Confirmation as may be necessary to carry out the purposes and <br /> the intent of the Plan- <br /> (d) The enforcement and interpretation of the terms and conditions of <br /> the Plan. <br /> 103. Relief maybe granted by the Bankruptcy Court only after Pitkin County has <br /> availed or at least attempted to avail its preserved statutory remedies as to the real and/or <br /> personal property that Plaintiffs seek to make the subject matter of this action. <br /> C[va.No.97 cv 131-3 -19- AMENDED ANSWER&COUNTERCLAIMS <br />