Scot B. Hutchins and John H. Gasper, Petitioners v. La Plata Mountain Resources, Incorporated, Respondent

Summary

The court held that Leadville's signed 2003 documents contained clear and unqualified acknowledgments of its debts, which constituted new promises to pay and restarted the limitations period for collection and foreclosure, even though the documents did not validly modify the debentures under their two-thirds-consent provision. The court therefore reversed and remanded for further proceedings. Justice Hood, joined by Justices Márquez and Gabriel, dissented, reasoning that the failed amendments and the acknowledgments contained within them were void.