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BANKRUPTCY LIQUIDATION PLAN <br /> 14. The Division admits that the Honorable Patricia A. Clark approved and <br /> confirmed a plan of liquidation; that the amendments referenced in 14 a., b., c., and d. are <br /> attached to MCR's and Louis LaGiglia's Amended Answer and Counterclaims; that the <br /> Confirming Order became final June 13, 1994 and became effective approximately 30 days <br /> later; and states that such documents speak for themselves. Except as so admitted, the <br /> Division is without sufficient information or knowledge regarding the truth or veracity of the <br /> allegations contained in paragraph 14 and therefore denies the same. <br /> 15. The Division is without sufficient information or knowledge regarding whether <br /> the Confirming Order and liquidation plan were recorded in the Clerk and Rdcorder's Office <br /> in Pitkin County and therefore denies the same. The Division admits the allegations in the <br /> second and third sentences of paragraph 15. <br /> 16 and 17. The Division admits that the liquidation plan refers to the Coal Basin mine <br /> site; that it creates a Creditors' Trust and establishes a Creditors' Trustee; that two Creditor <br /> Representatives are to supervise the Creditors' Trustee; and that the plan provides for <br /> disposition of MCR's property; and states that such liquidation plan speaks for itself. To the <br /> extent the allegations in these paragraphs incorporate legal argument, no admission or denial <br /> is required. <br /> PERMIT RECLAMATION <br /> 18. The Division admits the allegations in the first sentence of paragraph 18. The <br /> Division admits the allegations of the second sentence except that the Division states it is <br /> without sufficient knowledge or information concerning the meaning of the term <br /> "contractors" so as to form a belief as to the truth or veracity of whether MCR"contractors" <br /> performed "reclamation," and therefore denies that part of the second sentence. In regard to <br /> the third sentence, the Division denies that it refused to approve proposed work by MCR and <br /> states that after the bankruptcy court confirmed the liquidation plan, the Division advised <br /> MCR that fiends received under the liquidation plan were public funds and that the Division <br /> was therefore required to satisfy the state's Procurement Code requirements. Accordingly, <br /> only the Division could enter contracts and disburse money using funds distributed pursuant <br /> to the terms of the liquidation plan for reclamation purposes. <br /> 19. The Division admits that the liquidation plan refers to reclamation of the Coal <br /> Basin mine site and states that the plan speaks for itself. <br /> 20. The Division admits the allegations contained in paragraph 20. <br /> 3 <br />