1. Home
  2. Browse Decisions
  3. B.R.
  4. 422 B.R.
  5. 422 B.R. 746 (2010)
 

IN RE C.W. MINING CO.

BAP No. UT-09-018. Bankruptcy No. 08-20105.

422 B.R. 746 (2010)

In re C.W. MINING COMPANY, doing business as Co-Op Mining Company, Debtor. C.O.P. Coal Development Company, Appellant, v. C.W. Mining Company, Kenneth A. Rushton, Trustee, Aquila, Inc., and Hiawatha Coal Company, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 3, 2010.

Attorney(s) appearing for the Case

Kim R. Wilson, of Snow, Christensen & Martineau, Salt Lake City, UT (F. Mark Hansen, of F. Mark Hansen, P.C., Salt Lake City, UT, on the brief), for Appellant C.O.P. Coal Development Company.

Brent D. Wride, of Ray Quinney & Nebeker, Salt Lake City, UT (Keith A. Kelly, with him on the brief) for Appellee Aquila. Inc., Michael N. Zundel of Prince, Yeates & Geldzahler, Salt Lake City, UT (Richard H. Thornton and Christopher A. Jones with him on the brief), for Appellee Kenneth A. Rushton.

Before MICHAEL, BROWN, and ROMERO, Bankruptcy Judges.

OPINION

BROWN, Bankruptcy Judge.

This appeal centers on a non-residential lease of real property and whether that lease is property of Debtor's estate and assumable by the Chapter 7 Trustee under 11 U.S.C. § 365.1 The lease allows Debtor to operate a coal mine in Utah. The bankruptcy court determined that the lease was property of Debtor's estate and gave the Chapter 7 Trustee additional time to assume or reject it. The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases