Judge Boulden

In re C.W. Mining Co.

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.
Ruling: 
Trustee could assume debtor's coal operating agreements and assign them to buyer, contingent upon closing of sale.
ABI Membership is required to access the full summary of In re C.W. Mining Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 02,2010, LexisNexis #0510-113

In re C.W. Mining Co.

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.
Ruling: 
Coal company ordered to turn over property received from debtor mining company after petition date.
ABI Membership is required to access the full summary of In re C.W. Mining Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 10,2010, LexisNexis #0410-056

In re C.W. Mining Co.

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.
Ruling: 
Trustee could offset amounts paid to Minerals Management Services on behalf of debtor's former lessors against lessor's claim against the estate.
ABI Membership is required to access the full summary of In re C.W. Mining Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 09,2009, LexisNexis #0110-058

In re C.W. Mining Co.

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), and for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1).
Ruling: 
Curing of default and providing adequate protection were not prerequisites for trustee's assumption of coal mine operating agreement.
ABI Membership is required to access the full summary of In re C.W. Mining Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 23,2009, LexisNexis #1209-077

Hauser v. Lusk (In re Lusk)

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.
Ruling: 
Creditor failed to establish that debtor's alleged inducement not to record deed of trust was grounds for nondischargeability.
ABI Membership is required to access the full summary of Hauser v. Lusk (In re Lusk). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 14,2009, LexisNexis #1009-084

In re Lisbon Valley Mining Co. LLC

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.
Ruling: 
Chapter 11 plan confirmed as meeting all necessary requirements.
ABI Membership is required to access the full summary of In re Lisbon Valley Mining Co. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 31,2009, LexisNexis #1009-029

Rushton v. Standard Indus. (In re C.W. Mining Co.)

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.
Ruling: 
Security interests avoided due to improper organization name of debtor.
ABI Membership is required to access the full summary of Rushton v. Standard Indus. (In re C.W. Mining Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 24,2009, LexisNexis #0909-124

In re C.W. Mining Co.

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).
Ruling: 
Time to assume or reject executory contracts extended absent harm to leaseholder.
ABI Membership is required to access the full summary of In re C.W. Mining Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 23,2009, LexisNexis #0709-115

In re Utah 7000 LLC

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.
Ruling: 
Sale of debtor LLC's membership interests and transfer of assets approved.
ABI Membership is required to access the full summary of In re Utah 7000 LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 21,2009, LexisNexis #0709-114

In re C.W. Mining Co.

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.
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.
ABI Membership is required to access the full summary of In re C.W. Mining Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 18,2009, LexisNexis #0609-001

Pages

Subscribe to Judge Boulden