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provided under prior cash collateral orders of the Court. <br /> Until order of the Court in this proceeding that DMG account for its reclamation <br /> activities, DMG failed and refused to either negotiate, consult or account to MCR or the <br /> Creditors' Trustee as required by the PLAN or disclose what amounts had been spent by it <br /> for what work. <br /> Interrogatory No.21. Identify any and all documents to support the allegation, <br /> pleading, statement, belief or contention that it is impossible for MCR to make an <br /> accounting to Pitkin County as requested in the County's complaint or for the Court in the <br /> above-captioned case to make a correct distribution of escrowed funds without having an <br /> accounting by DMG. <br /> Response to Interrogatory No.21. The bankruptcy liquidation PLAN referred <br /> to fully in Defendants' Response to Interrogatory No. 20,ante. <br /> Interrogatory No.22. [1]State the basis for the allegation,pleading, statement, <br /> belief or contention in the Defendants'Amended Answer and Counterclaims (no. 42) that <br /> the Creditors'Trustee has a fiduciary duty to all creditors, and [2] identify the actions that <br /> the Trustee has taken to fulfill his fiduciary duty to all creditors in regard to personal or real <br /> property taxes assessed by Pitkin County including the filing of any protests or requests for <br /> abatements. <br /> Response to Interrogatory No. 22. <br /> Part 1. This statement was language prepared by counsel for Defendants. <br /> It was intended to indicate that the Creditors'Trustee had a duty to others,all creditors,not <br /> just Pitkin County or DMG. Counsel has subsequently learned that the Creditors'Trustee, <br /> despite the descriptor,has no fiduciary obligation. His standard of care is only as set forth <br /> in the PLAN.This is specified in the response to Admission Request No. 2, post. <br /> Part 2. The Creditors'Trustee has successfully filed requests for abatements <br /> involving Tax Schedule No.R007863 for years 1995 and 1996.These abatements were a part <br /> of the settlement between Pitkin County and MCR contained in the Settlement Stipulation <br /> dated January 28,1998 and approved by the Court by its Order entered February 23,1998.. <br /> Interrogatory No. 23. Identify any and all documents to support your answer <br /> to Interrogatory 22 as to the actions the Creditors' Trustee has taken to fulfill his fiduciary <br /> duty to all creditors in regard to personal or real property taxes assessed by Pitkin County. <br /> MCR RESPONSES TO <br /> CIVIL No.97 Cv 131-3 -19- DMG INITIAL DISCOVERY <br />