Legislation Details

File #:    Version: 1 Name: Settlement of Bankruptcy Claim
Type: Consent Status: Consent Agenda
File created: 6/12/2014 In control: Board of Sedgwick County Commissioners
On agenda: 6/18/2014 Final action:
Title: CIP Investment Properties, LLC Agreement and Mutual Release.
Attachments: 1. CIP Investment Properties Agreement 6-12-14, 2. CIP Loan Amortization Schedule
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Title
CIP Investment Properties, LLC Agreement and Mutual Release.
 
Body
Recommended Action:  Approve Settlement of Bankruptcy Claim and Authorize Chairman to sign agreement.
 
Background:  On June 21, 2013, the County was served a Summons in an Adversary Proceeding in In re: CIP Investment Properties, LLC, Case No. 12-21952-RDB, Adv.Proc.No. 13-06056 challenging the County's claim for taxes, interest, and fees for tax years 2007-2011.  
 
Analysis:  After negotiation, the parties have arrived at a settlement of the claim in the amount of Two Million Eight Hundred Eighty Three Thousand Seven Hundred Sixty Eight Dollars ($2,883,768.00) subject to approval by the Commission.  A Settlement Agreement and Release has been executed by the parties.
 
Alternatives:   N/A  
 
Financial Considerations:   Taxpayer has been making regular monthly payments on the County's claim since October 2013.  Taxpayer will continue to make regular monthly payments on the County's claim over a four year period or until paid in full, whichever is sooner.  
 
Legal Considerations:  Settlement of the claim and execution of the agreement and release will bring a final resolution of the matter without further legal proceedings or expense.  Tax disputed claims may be settled by the Board of County Commissioners pursuant to K.S.A. 79-1703.
 
Policy Considerations:  N/A
 
Date NameDistrictOpinionCommentAction
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