Legal Opinion

In re C.W. Mining Co.

Court of Appeals for the Tenth Circuit

Decided January 22, 2014No. Nos. 12-4091, 12-4102, 12-4106, 12-4112, 12-4132, 12-4144PublishedCited by 23 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

These appeals arise from a Chapter 7 asset sale for the liquidating bankruptcy estate of C.W. Mining Co., a former coal mining operation in Emery County, Utah. The four appellants did business with C.W. Mining before its involuntary bankruptcy. They now claim various assets that the bankruptcy trustee, Kenneth A. Rushton, sold to an unrelated entity, Rhino Energy LLC.

Standing in the way of the appellants’ claims is one of the Bankruptcy Code’s mooting provisions, 11 U.S.C. § SbSOn).1 Under this statute, we can grant the appellants no relief that would affect the…

2Cases cited21 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Cooper Industries, Inc. v. Aviall Services, Inc.Supreme Court of the United States · 2004
  3. David A. Clarke v. United StatesCourt of Appeals for the D.C. Circuit · 1990
  4. Turner v. Public Service Co. of ColoradoCourt of Appeals for the Tenth Circuit · 2009
  5. Hill v. KempCourt of Appeals for the Tenth Circuit · 2007

16 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Kitchen v. HerbertCourt of Appeals for the Tenth Circuit · 2014
  2. Petrella v. BrownbackCourt of Appeals for the Tenth Circuit · 2015
  3. United States v. WalkerCourt of Appeals for the Tenth Circuit · 2019
  4. Griffith v. El Paso County, ColoradoCourt of Appeals for the Tenth Circuit · 2025
  5. In re Sunland, Inc.United States Bankruptcy Court, D. New Mexico · 2014

18 more not listed; retrieve them via the Exa API.

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