ANR Coal Co., Inc. v. Money

OPINION

JONES, District Judge.

In this interlocutory appeal from an order of the bankruptcy court denying the appellant’s motion to dismiss, the appellant contends that: (1) as a matter of law, it cannot be held hable under 11 U.S.C.A. § 506(c) (1993 & Supp.1997) for costs and expenses incurred by the bankruptcy trustee in preserving and disposing of certain equipment stibject to a secured claim; (2) the trustee is barred by; prior orders of the bankruptcy court from recovering any additional expenses for disposing of the secured property; and (3) as a matter of law, the trustee cannot recover…