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Fourth Affirmative Defense <br /> (Bankruptcy Court Injunction) <br /> 104. For an affirmative defense to the allegations of Plaintiffs' complaint, <br /> Defendants reallege the allegations in paragraphs 49-99 above and further state: <br /> 105. At all times material to the bankruptcy proceeding, Pitkin County was a <br /> named creditor and party to that proceeding;its creditor/party status affects not only Pitkin <br /> County but all its elected officials. <br /> 106. The PLAN expressly provides (§ 6.2.2),in part: <br /> 6.2.2 Disposition of Property Transferred into or Controlled by <br /> Creditors'Trust.Property transferred pursuant to the Creditors'Trustee's <br /> power of attorney shall be transferred free and clear or liens and claims, <br /> except for the statutory lien of real property taxes.Pending such transfer, <br /> all creditors of the Debtor shall be enjoined from all efforts to collect their <br /> claims from the property which is subject to the Creditors' Trustee's <br /> pgwer of attorney. . . . [Double underscoring added.] <br /> 107. While arguably more general language of the PLAN leaves Pitkin County <br /> unimpaired (see e.g., PLAN § 3.1), this specific PLAN language limits Pitkin County to its <br /> statutory remedies, 17 COLO.REV. STAT. §§39-5-101 through-116 or§§ 39-11-101 through <br /> -152 (1993 Repl. Vol.), and precludes many if not all of the claims set forth in Plaintiffs' <br /> complaint. This PLkN language clearly omits any perpetuation of the lien for personal <br /> property. <br /> 108. The Bankruptcy Court has expressly enjoined all MCR creditors,including <br /> Pitkin County,from attempting to collect claims. Pitkin County may not attempt to collect <br /> its ad valorem taxes by any means other than those expressly provided in the lien statutes <br /> of the State of Colorado (PLAN§ 6.2.2). <br /> Fifth Affirmative Defense <br /> (Creditors' Trustee Immunity) <br /> 109. 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 PLNN(§6.2.4) the Creditors'Trustee is immune in this Court from any <br /> claim alleged in Plaintiffs' complaint: <br /> 6.2.4 Exculpation. Neither the Creditors' Trustee nor either of the <br /> Creditors' Representatives shall be personally liable to the Creditors' <br /> Trust,to the holder of an Allowed Claim,or to the Debtor or its corporate <br /> CIVIL No.97 cv 131-3 -20- AMENDED ANSWER&COUNTERCLAIMS <br />