1997-04-29_GENERAL DOCUMENTS - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 4/29/1997
• Doc Name: Compliant - Genral Allegations
• From: District Court County of Pitkin
• To: DMG
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

for schedules 7863 and 4062. Additional interest accrues at the rate of 12% per
annum.and additional taxes for 1997 will be assessed January 1, 1998.
27. Following the establishment of the Escrow, Pitkin County requested that
the bankruptcy Court reopen the case, which Defendants opposed and which the
Bankruptcy Court declined to do, for the reasons set forth in the Order attached as
Exhibit A.
FIRST CLAIM FOR RELIEF
(Declaratory Judgment)
28. Pitkin county incorporates by this reference the allegations of
paragraphs 1-27 herein.
29. An actual controversv exists regarding the rights and obligations of the
parties under the Plan with respect to payment of Pitkin County's taxes.
30. Pitkin County is entitled to a declaration that the Plan requires pament of
taxes first before distribution or anv sale proceeds by the Trustee, and that the taxes due
under schedule 7863 constituted a valid lien on the real property which was sold on
July 31, 1996, and on any remaining real property_ owned by Mid-Continent in the
area described in schedule 7863.
SECOND CLAIM FOR RELIEF
31. Pitkin County incorporates by this reference the allegations of paragraph
1-27 herein.
32. Defendants' failure to pay Pitkin County the real and personal property
taxes from the proceeds of sales or personal property and improvements of Mid-
Continent previously located in Pitkin County constitutes a breach or the contract
established by the Plan.
33. Pitkin County has been damaged by Mid-Continent's breach in an
amount to be established at trial, representing the ,total proceeds realized by Mid-
Continent from the sale of personal property and improvements previously located in
Fitkin County and distributed to other creditors without first paying the outstanding
amounts due to Pitkin County as required by the Plan.
THIRD CLAIM FOR RELIEF
(Accounting)
34. Pitkin County_ incorporates by this reference the allegation or paragraph
1 -27 herein.
35. Upon information and belief, personal property and improvements
subiect to Pitkin County tax liens have been sold by Mid-Continent through a
bankruptcy court approved contract with M & E. and pursuant to Bankruptcy Court
Order. the terms and amounts or sales were and are confidential.
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