In re C.W. Mining Co.
Mar
02
2010
Ruling
Trustee could assume debtor's coal operating agreements and assign them to buyer, contingent upon closing of sale.
Procedural posture
Debtor mining company was forced into bankruptcy, and a chapter 7 trustee who was appointed to administer the debtor's bankruptcy estate filed a motion seeking permission to assume coal operating agreements (COAs) and related contracts the debtor entered, and a motion for an order authorizing him to assign the COAs and other contracts and to sell the debtor's property. The court conducted hearings on the motions.
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Court
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In re C.W. Mining Co.
Feb
10
2010
Ruling
Coal company ordered to turn over property received from debtor mining company after petition date.
Procedural posture
Creditors filed an involuntary bankruptcy petition against a mining company and obtained an order requiring the company to enter bankruptcy. A trustee was appointed to administer the company's bankruptcy estate, and he filed adversary proceedings against a coal company, seeking an order requiring the coal company to turn over assets. The court held a trial on claims the trustee raised in his adversary proceedings and to resolve other issues.
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Court
:
- 11 U.S.C.
In re C.W. Mining Co.
Dec
09
2009
Ruling
Trustee could offset amounts paid to Minerals Management Services on behalf of debtor's former lessors against lessor's claim against the estate.
Procedural posture
Creditors filed a petition against a mining company (debtor), seeking an order requiring the debtor to enter bankruptcy. The bankruptcy court entered an order for relief, converted the case to one under chapter 7 of the Bankruptcy Code, and appointed a trustee. The trustee filed adversary proceedings against two companies (lessors) that leased property to the debtor and a company (transferee) that acquired rights to mine coal on the properties.
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Court
:
- 11 U.S.C.
In re C.W. Mining Co.
Oct
23
2009
Ruling
Curing of default and providing adequate protection were not prerequisites for trustee's assumption of coal mine operating agreement.
Procedural posture
The chapter 7 trustee filed a motion to assume a certain coal operating agreement and related assumption motions. Movant creditor filed a motion for summary judgment denying the motion and finding that the contracts were deemed rejected under 11 U.S.C.S. § 365(d)(4), for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1).
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Court
:
- 11 U.S.C.
Hauser v. Lusk (In re Lusk)
Sep
14
2009
Ruling
Creditor failed to establish that debtor's alleged inducement not to record deed of trust was grounds for nondischargeability.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking determinations that a loan debt to the creditor was excepted from discharge under 11 U.S.C.S. § 523 based on fraud and willful and malicious injury, and that the debtor was not entitled to a discharge under 11 U.S.C.S. § 727 based on false oaths and concealment and loss of assets.
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Court
:
- 11 U.S.C.
In re Lisbon Valley Mining Co. LLC
Aug
31
2009
Ruling
Chapter 11 plan confirmed as meeting all necessary requirements.
Procedural posture
A bankruptcy debtor sought confirmation of a plan of reorganization which proposed to resolve claims against the debtor and the bankruptcy estate, and to assume or negotiate mineral leases for its mining operations.
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Court
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Rushton v. Standard Indus. (In re C.W. Mining Co.)
Aug
24
2009
Ruling
Security interests avoided due to improper organization name of debtor.
Procedural posture
Plaintiff, the trustee in this chapter 7 bankruptcy case, filed a motion for partial summary judgment that sought a determination of which party owned the proceeds of an account receivable owed by third-party plaintiff, a coal buyer, and avoidance of transfers of security interests evidenced by various financing statements and real estate filings held by defendant lenders.
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Court
:
- 11 U.S.C.
In re C.W. Mining Co.
Apr
23
2009
Ruling
Time to assume or reject executory contracts extended absent harm to leaseholder.
Procedural posture
Before the court were two motions: (1) the leaseholder's motion to require the trustee to assume or reject the lease (assumption motion); and (2) the chapter 7 trustee's motion to extend the time for the trustee to assume or reject executory contracts or unexpired leases of the debtor (extension motion).
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Court
:
- 11 U.S.C.
In re Utah 7000 LLC
Apr
21
2009
Ruling
Sale of debtor LLC's membership interests and transfer of assets approved.
Procedural posture
The debtors submitted a motion for and order approving their selection of a buyer as the highest and best sale qualifying bid to purchase the reorganized debtors' membership interests, and indirectly the assets for sale, for consummation of the sale pursuant to and asset purchase agreement (APA) and the confirmed reorganization plan.
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Court
:
- 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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