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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 Recorder'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 funds 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 />