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MCR BANKRUPTCY FILING <br />9. On February 12, 1992, MCR filed a Chapter 11 reorganization proceeding under <br />11 U.S.C. §§ 1 101 - 1113 (part of the federal Bankruptcy Code) in the United States Bankruptcy <br />Court for the District of Colorado. This filing was docketed as In re Mid- Continent Resources, Inc., <br />TIN. 36-1475193, Debtor, assigned Case No. 92 11659 PAC and assigned to the Honorable <br />Patricia A. Clark. Both Pitkin County and DMG were named creditors in the bankruptcy <br />proceeding. <br />10. DMG, like PIaintiff Pitkin County, was a party to the MCR bankruptcy proceeding <br />from the onset. <br />BANKRUPTCY LIQUIDATION PLAN <br />14. Once the final prospective purchaser for the mine property withdrew, it was clear <br />it was not feasible to reorganize MCR under Chapter 11 of the Bankruptcy Code. A Plan of <br />liquidation, was developed, reviewed by the interested parties and the bankruptcy Creditors' <br />Committee, and then proposed to the Bankruptcy Court. Ultimately, a SECOND AMENDED PLAN OF <br />LIQUIDATION (herein the "Plan") was approved and confirmed by "Order Confirming Debtor's <br />Second Amended Plan of Liquidation (the "Confirming Order "), which was entered April 11, <br />1994, by the Honorable Patricia A. Clark, to which is attached: <br />CIVII.No. 97 Cv 131 - <br />a. "Debtor's Second Amended Plan of Liquidation," dated February <br />1, 1994; <br />b. "Amendment to Debtor's Second Amended Plan of Liquidation," <br />dated and submitted March 3, 1994 (revising Sections 4.3.2(ii) <br />and 4.3.4 and deleting Section 4.3.6); <br />c. "Amendment to Debtor's Second Amended Plan of Liquidation," dated and <br />filed March 9, 1994 (changing date in Section 6.5.1 from October 1, 1993 <br />to November 29, 1993); and <br />d. "Amendment to Debtor's Second Amended Plan of Liquidation" <br />(April 8, 1994), dated and filed April 8, 1994 (adding new <br />Section 6.2.5.1). <br />The Confirming Order became final June 13, 1994 and it became effective 30 days later (Plan § <br />1.14). <br />15. The Confirming Order and its attachments -- the Plan and its three amendments -- <br />were recorded July 28, 1994 as Reception No. 372570 in Book 756 at pages 841 -866 in the office <br />of the Clerk and Recorder, Pitkin County, Colorado. The Plan, its amendments, and the Confirming <br />MIDCON REALTY, LLC'S <br />TI{IRD-PARTY COMPLAINT <br />