Case:12-24882-ABC Doc#:302 Filed:07/30/12 Entered:07/30/12 15:51:12 Page1 of 2

I11 re:

FOR THE DISTRICT OF COLORADO
)
CORDILLERA GOLF CLUB dba The
Club at Cordillera
) Case No. 12-24882 ABC
) Chapter ll
)
)
Debtor. )
ORDER PURSUANT TO SECTIONS 105(A), 363(ll), 541, AND
507(A)(8) OF THE BANKRUPTCY CODE AUTHORIZING (i) PAYMENT
OF CERTAIN PREPETITION TAXES AND FEES, AND (ii) FINANCIAL INSTITUTIONS TO PROCESS
AND CASH RELATED CHECKS AND TRANSFERS
Upon the above-captioned Motion (the "Motion"
1
) of the debtor and debtor in
possession in the above-captioned case (the "Debtor
11
) for entry of an order pursuant to sections
105(a), 363(b), 541, and 507(a)(8) oftitle ll of the United States Code (the "Bankt11ptcy Code")
(i) authorizing the Debtor to pay certain prepetition taxes and fees, including but not limited to,
sales and use, income and franchise, property, unemployment taxes and other Taxes and Fees
necessary to operate its businesses, including, but not lin1ited to, any taxes subsequently
determined upon audit to be owed for the periods prior to the commencement of the Debtor's
chapter 11 case, to various U.S., state, county and city taxing and licensing authorities (the
"Authorities"), and (ii) authorizing the Debtor's banks and financial institutions (the "Banks"),
when requested by the Debtor in its sole discretion, to process, honor, and pay any and all checks
and electronic fund transfers related to the prepetition Taxes, all as more fully described in the
Motion; and upon consideration of the Motion and all pleadings related thereto, including the
First Day Declaration; and due and proper notice of this Motion having been given; and it
appearing that no other or futiher notice is required; and it appearing that the Court has
jurisdiction to consider the Motion in accordance with 28 U.S.C. 157 and 1334; and it
appearing that tllis is a core proceeding pursum1t to 28 U.S.C. 157(b)(2); and it appearing that
venue of this proceeding atld tllis Motion is proper pursuant to 28 U.S.C. 1408 and 1409; and
it appearing that the relief requested, to the extent granted herein, is in the best interest of the
Debtor, its estate, and creditors and after due deliberation, and sufficient cause appearing
therefor,
IT IS HEREBY ORDERED THAT:
1. The Motion is granted on a final basis, to the extent set f011h herein.
1
All capitalized terms used and not defined herein shaU have the meanings ascribed to them in the Motion.
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Case:12-24882-ABC Doc#:302 Filed:07/30/12 Entered:07/30/12 15:51:12 Page2 of 2
2. The Debtor is authorized, but not directed, in its sole discretion, to pay, in
the ordinary course of its business, ali sales and use Taxes entitled to priority under the
Banlauptcy Code and relating to the period prior to the commencement of its chapter 11 case
(the
11
Petition Date
11
), including such Taxes subsequently determined upon audit, or otherwise, to
be owed for periods prior to the Petition Date, to the Colorado Department of Revenue, up to an
aggregate maximum amount of$5,250.
3. Any ad valorem real estate taxes, estimated in the amount of
approximately $431 ,000, will not be paid absent further Comt order.
4. The Debtor's Banks shall be, and hereby are, authorized, when requested
by the Debtor in its sole discretion, to process, honor, and pay any and all checks or electronic
fund transfers drawn on the Debtor's bank accounts to pay all prepetition Taxes and Fees owed to
the Authorities as set f01ih herein, whether those checks were presented prior to or after the
Petition Date, provided that sufficient funds are available in the applicable accounts to make the
payments.
5. The Debtor's Banks may rely on the representations of the Debtor with
respect to whether any check or other transfer drawn or issued by the Debtor prior to the Petition
Date for the payment of Taxes or Fees should be honored pursuant to this Order, and any such
Bank shall not have any liability to any party for relying on such representations by the Debtor as
provided for in this Order.
6. Nothing in the Motion or this Order shall be construed as impairing the
Debtor's or that of any party in interest, to contest the validity or amount of any Taxes and
Fees allegedly due or owing to any Authorities, and all such rights with respect thereto are
hereby reserved.
7. Notwithstanding any applicability ofBanlauptcy Rule 6004(h)> the terms
and conditions of this Order shall be immediately effective and enforceable upon its entry.
8. This Coutt shall retain jurisdiction with respect to all matters arising from
or related to the implementation and/or interpretation of this Order.
"- . ..
DATED this '(. .. day of .:] !-e-ly 2012.
BY THE COURT:
4838-0434-8432.2