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the provisions of Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§701 -728,was developed, <br /> reviewed by the interested parties and the bankruptcy Creditors' Committee, and then <br /> proposed to the Bankruptcy Court. Ultimately, a SECOND AMENDED PLAIN, OF LIQUIDATION <br /> (herein the "PLAN") wa_ approved and confirmed by "Order Confirming Debtor's Second <br /> Amended Plan of Liquidation"(the"Confirming Order ),entered April 11,1994,by the Honorable <br /> Patricia A. Clark, to which is attached: <br /> a. "Debtor's Second Amended Plan of Liquidation", dated <br /> February 1, 1994; <br /> b. "Amendment to Debtor's Second Amended Plan of <br /> Liquidation", dated and submitted March 3, 1994 (revising <br /> Sections 4.3.2(ii) and 4.3.4 and deleting Section 4.3.6); <br /> C. "Amendment to Debtor's Second Amended Plan of <br /> Liquidation",dated and filed March 9,1994(changing date in <br /> Section 6.5.1 from October 1,1993 to November 29,1993);and <br /> d. "Amendment to Debtor's Second Amended Plan of <br /> Liquidation" (April 8, 1994), dated and filed April 8, 1994 <br /> (adding new Section 6.2.5.1). <br /> The Confirming Order became final June 13,1994 (after disposition of the Harker objections, <br /> see PLA.\T§ 2.11) and became effective 30 days later(PLAN§ 1.14). <br /> 2. The Creditors'Trustee was not appointed and had no responsibility as to the <br /> assets or obligations of MCR until such time as the PLAN had been approved by the <br /> Bankruptcy Court and became effective,on or about July 14, 1994 (id.). <br /> 3. Until such time as the Creditors Trustee's appointment became effective,he <br /> had neither capacity nor responsibility to act with regard to the Debtor's Coal Basin ad <br /> valorem taxes. <br /> 4. The Creditors' Trustee had no obligation(s) with regard to MCR ad valorem <br /> taxes, their assessment or valuation,until 1995. <br /> 5. The obligation,if any,with regard to MCR's 1990,1991,1992,and 1993 Pitkin <br /> County Coal Basin ad valorem taxes was the responsibility,if any,of others,not the Creditors' <br /> Trustee. <br /> DEFENDANTS'REPLY To THIRD-PARTY <br /> CRIL NO.97 cv 131-3 -2- DEFENDANT'S COUNTERCLMM <br />