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C.O.P. Coal Dev. Co. v. C.W. Mining Co. (In re C.W. Mining Co.)

C.O.P. Coal Dev. Co. v. C.W. Mining Co. (In re C.W. Mining Co.)

Ruling
Lease that did not terminate automatically upon filing of petition properly held to be assumable.
Procedural posture

Appellee bankruptcy debtor leased property from appellant lessor on which the debtor conducted coal mining operations, and the lessor moved for a finding that the lease was not assumable due to automatic default termination, or that the lease was a non-assignable personal services contract. The lessor appealed the order of the Bankruptcy Court for the District of Utah which denied the lessor's motion.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 03, 2009 , LexisNexis #0310-078