- 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
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