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Kinder MorgenPinney Dock & Transp. LLC v. Mittal Steel USA Inc. (In re Weirton Steel Corp.)

Kinder MorgenPinney Dock & Transp. LLC v. Mittal Steel USA Inc. (In re Weirton Steel Corp.)

Ruling
Bankruptcy court lacked jurisdiction over cure payments under agreement from which debtor was released upon sale of the agreement and other assets.
Procedural posture

Plaintiff filed an adversary complaint against defendants, the entities that purchased substantially all the assets of a chapter 11 debtor and the successor to the entities, alleging that defendants failed to pay the remaining cure amount of an agreement that was allegedly assumed and assigned to one of the entities as part of its purchase of the debtor's assets. The successor filed a motion for judgment on the pleadings.

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opinion summary, case decided on July 06, 2007 , LexisNexis #0807-068