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1997-02-19_GENERAL DOCUMENTS - C1981017
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1997-02-19_GENERAL DOCUMENTS - C1981017
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Last modified
2/24/2021 2:36:32 PM
Creation date
5/2/2012 12:37:26 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
2/19/1997
Doc Name
Case No. 92 11658 Order on Motion to Reopen
From
US Bankruptcy Court
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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6.3. 6 Accumulation of Funds. As cash is paid into the <br /> Creditors ' Trust, the Creditors ' Trustee shall not be <br /> required to immediately distribute such funds, but, to <br /> the extent permitted by the Creditors ' Representatives, <br /> may accumulate funds for periodic distribution in order <br /> to avoid expenses associated with insubstantial <br /> distributions. <br /> 3 . The Plan provision cited by the County regarding jurisdiction <br /> is: <br /> 9. 1 ,jurisdiction retained. Following confirmation, the <br /> Court will retain jurisdiction for the following <br /> purposes: <br /> (e) The enforcement and interpretation of -he terms <br /> and conditions of the Plan. <br /> On March 20 , 1-996 the final report :.ias =_led. <br /> 5 . On March 22 , 1996 the Final Decree entered and on April 12 , <br /> 1996 , the case was closed. <br /> 6. On December 6 , 1996, the County filed the motion to reopen. On <br /> December 20, 1996, Mid-Continent Resources, Inc. , filed an objection <br /> to the motion. The County' s response to the objection was filed on <br /> January 2 , 1997 . The matter was held in abeyance until January 12 , <br /> 1997 , due to the County ' s uncertainty of whether it would proceed <br /> in this forum and pay any required filing fee to reopen. The County <br /> subsequently indicated in a letter which has been placed in the file <br /> that it would proceed in this forum. <br /> There are two intertwined questions to resolve the motion to <br /> reopen. One is whether the County has shown cause to reopen the <br /> case. - The related issue is whether the Court has jurisdiction to <br /> Section 350 of Title 11 allows a case to ne reooenea. Specifically, <br /> subsection b provides: <br /> A case may be _eon_ ewed in -he court in which such case was closed to <br /> aaminister asset, accora relief the zebtc-, -- ::,r cz:ner <br /> cause. <br /> cases which are reooenea for the aaministration of assets tv-pically involve <br /> __t::a-ions where undiscicsea or newly realizable assets -ave .._en _ncoverea. ee <br /> >�rt 93 B.R. -08 --- . -AP '=88) . <br /> :.iso, -action _C5 ..as teen -sea to allow a c-,;_ _ exer-_-_ _-_ -nneren_ <br /> au.....,-_ y over a =ase _na =a snonte _aooen = _- -et-s, _c5 _. R. 233 <br /> :anxr. :;.D. 3i1. -:94) . =n t.._s - r1 saict_.,. , t-cse , owers s::ouia nor- ' . . .ce <br /> ( continued. . . <br /> J <br />
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