Al Perry Enterprises, Inc. v. Appalachian Fuels, LLC

OPINION

GREER, District Judge.

This case arises from a bankruptcy court approved sale of the assets and assumption of the executory contracts of Bowie Resources Limited (“Bowie”) pursuant to 11 U.S.C. §§ 363 and 365. The sale was made pursuant to an Asset Purchase Agreement (the “purchase agreement”) between Bowie and Appalachian Fuels, LLC (“Appalachian Fuels”). The plaintiff, Al Perry Enterprises, Inc. (“Perry”), originally filed this diversity breach of contract action in the United States District Court for the Southern District of Indiana alleging breach of an agreement by Bowie to pay…