- 11 U.S.C.
In re C.W. Mining Co.
Mar
18
2009
Ruling
Relief from stay to allow potential purchaser of involuntary debtor's mine to complete state permit requirements denied in deference to trustee's obligations to estate.
Procedural posture
A judgment creditor filed a petition seeking the involuntary bankruptcy of debtor mining company, and a coal company that wanted to acquire the debtor's right to mine coal on property in Utah filed a motion for relief from the stay that was imposed when the debtor was forced into bankruptcy, so it could obtain mining permits. The creditor and a trustee who was appointed to represent the debtor's bankruptcy estate opposed the motion.
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Court
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