1997-08-26_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 8/26/1997
• Doc Name: Fax Transmital Answer to Third Part Complaint
• From: AGS Office
• To: DMG
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

AGO NAT. RES. SECTION Fax:[phone] Aug 26 '97 8:34 P.06
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Pitkin County and that they had requested information about past
reclamation bond expenditures and anticipated expenditures from
the Division. The Division denies the remainder of the
allegations of paragraph 33 .
34 . The Division denies the allegations of paragraph 34 .
35 , The Division admits it has received funds distributed
through the liquidation plan by the Creditors' Trustee. The
Division is without sufficient information and knowledge
regarding the truth or accuracy of the remainder of the
allegations of paragraph 35 and therefore denies them.
35. The Division admits that part of the relief sought in
this case is disposition of the escrowed funds. The Division
denies the allegations contained in the second sentence of
paragraph 36 .
37 . The Division, answers and states that all Third-Party
Complaint allegations not specifically admitted herein in
paragraphs 1 through 36 of this Answer are denied.
AFFIRMATIVE DEFENSES
First Affirmative Defense
(Bankruptcy Court Jurisdiction)
38 . For an affirmative defense to the Third-Party
Complaint, the Division states that interpretation,
implementation, and enforcement of the plan, properly rests with
the bankruptcy court.
Second Affirmative Defense
(Failure to State a Claim)
39. The request for an accounting from the Division is
irrelevant to the issues at hand. MCR and Louis LaGiglia request
that the Division provide an accounting that specifies the funds
received by the Division through the liquidation plan
(information already in the hands of the Creditors' Trustee) ; the
funds the Division has used; the funds the Division has on hand;
and the work yet to be accomplished with funds from the
liquidation plan. This information is irrelevant to the
Plaintiffs, request for an accounting from the Defendants as to
property sold and taxes paid or unpaid on that property.
Moreover, it is irrelevant to the case overall. If this court
decides that the Creditors' Trust is obligated to pay taxes, then
the Trust must pay those taxes as well as meet the other
obligations under the liquidation plan. This includes what is
still owed to the Division under the liquidation plan.
Consequently, regardless of any accounting by the Division or the
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