In return, Interstate, through its subsidiary Armour and Main Redevelopment Corp., agreed to pay $100,000 over the 15-year period for public improvements in the area. The payments were to be made in equal installments of $6,666.67.
Interstate made one payment in 1999. The city never sought additional payments until five months ago.
Problem was, Interstate had been in Chapter 11 bankruptcy for nearly 4 1/2 years. The deadline for creditors to file claims in the case was March 23, 2005.
Not only that, Interstate's plan of reorganization had been confirmed by the bankruptcy court in December 2008. The plan released all debts, liens and security interests against Interstate except those provided under the plan.
When Tom Coyle of the city's planning and development department sent a letter to Interstate on Feb. 5 demanding payment under the public improvements agreement, the barn door had long been shut.
Interstate, through its lawyers, has tried to get the city to agree that the company's obligations have been extinguished by the bankruptcy. But so far, they haven't heard back from the city.
Last week the maker of Wonder Bread and Twinkies sued Kansas City in bankruptcy court, asking the judge to rule its debt to the city was expunged.
John Eckardt, a member of the city's planning and development department, said he had not seen the lawsuit. But he acknowledged that someone in the city may have dropped the ball.
"I guess in a perfect world, someone would be monitoring that to make sure that got paid," he said. "And that just didn't happen."
Interstate's bankruptcy attorneys declined to comment.
To reach Dan Margolies, call 816-234-4481 or send e-mail to dmargolies@kcstar.com.
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