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Accordingly, a personal liability suit against the principals of <br /> MCR is still a viable option for the Division should sufficient <br /> reclamation funds not be made available through MCR' s liquidation <br /> plan. <br /> In 1994 , the bankruptcy court confirmed a liquidation plan. <br /> Exhibit 6 . Defendant and third-party plaintiff as well as MCR <br /> officer, Louis LaGiglia, was named as the Creditors' Trustee <br /> ( "Trustee" ) under the liquidation plan. <br /> The Division is a class 5 claimant . Class 5 claims not only <br /> include reclamation claims under MCR' s reclamation plan, but also <br /> claims made under applicable statutes and regulations. Para. 2 . 5 <br /> of plan. The liquidation plan provides that the Division is to <br /> receive $3 million less : <br /> (1) the net proceeds from the sale of the <br /> rockdust plant; <br /> (2) the costs set forth in the reclamation <br /> bond for demolition work done by Machinery and <br /> Equipment Co. , pursuant to, a court-approved <br /> contract, as such work is actually performed; <br /> and <br /> (3) the cost of reclamation work done prior to <br /> the effective date of the liquidation plan <br /> (April 1994) , pursuant to cash collateral <br /> orders entered by the bankruptcy court, the <br /> cost of which is to be determined according to <br /> the amounts for such work set forth in the <br /> 4 <br />