1997-02-19_GENERAL DOCUMENTS - C1981017

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R EC O i1 7 FLED - F E 8 2 4 1997 BRADFOAD L - UNITED STATES "& qbURT FEB 19 1997 DISTRICT OF COLORADO HONORABLE PATRICIA ANN CLARK U.S.BANKRUPTCY OF COLOR Z6 IN RE: ) MID-CONTINENT RESOURCES, INC. , ) CASE NO. 92 11658 PAC TIN 36 1475193 , ) CHAPTER 11 Debtor. ) ORDER ON MOTION TO REOPEN The matter before the Court is the motion to reopen filed by the Board of County Commissioners of Pitkin County (the County) . Mid-Continent Resources, Inc. , filed an objection to the motion. The Court does not -find that the matter requires a hearing as no 'srther evidence or argument is required to render a decision. Briefly, the County --equests that the case be reopened because a asserts that it has not teen paid in accordance with the Debtor ' s Second Amended Plan of Liquidation which was confirmed on April 11 , 1994 . It claims that the Court retains jurisdiction to enforce and interpret the plan. Mid-Continent Resources, Inc. , objects to the Notion. It maintains that since Pitkin County was left unimpaired under the Plan it has all of its state law rights and remedies . Therefore, it does not need to reopen the case to obtain the assistance of this Court to enforce those rights. For example, the relevant portions of Section provide =emec=es as follows: (1) (a) If at any time after the lien of general _=axes has attached the treasurer believes for anv reason that anv taxable cersonai property may be removed from the state of Colorado or may be dissipated cr distributed, so that taxes to be levied for the current vear may not be collectible, the treasurer may at once proceed to collect :he taxes and, _f the treasure deems it necessary, may distrain, seize and sell the personal property to enforce collection. . . t2) Whenever --he assessor notifies __easure _f _ne •:aLuation of anv taxable person property; as provided section 39-1C-110 (2) , wnich property the assessor believes might be removea from t e county, the treasurer shall proceea to collect the taxes on the _ _opera;, cv commenc-ng a court action for coilec ucn. . py aistrain_ng, seize^_ ana .,__ling the personal property as proviced _n sectucn 39-10-111 _f e_!:ner -ne t:easurer or the assessor teems -_ necessar,;. __ _ne _evv =z_ _.._ -_r_ent -..-ear -as nor then been :_fed ana maae, _ne ievv _or _ne prey:c,_s _ eear _:ail pe usea determine t.,e amount cf taxes ..ue. Section 39-20-102 crovades _ne enforcement _= a lax Lien _..rough - .=- a___cn, wnic n may __su'_t _n - sale -anc if _quiz-, _- ___ _-_ =ppoi.._::en_ MM 'J