Legal Opinion
C.O.P. Coal Development Co v. C.W. Mining Co. (In Re C.W. Mining Co.)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided February 3, 2010No. BAP No. UT-09-018. Bankruptcy No. 08-20105PublishedCited by 11 opinions
1Opinion of the Court
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 coal mine lessor, C.O.P. Coal Development Company (“COP”), contends the bankruptcy court’s ruling was erroneous because the lease terminated either on the day the involuntary…
2Cases cited38 opinions
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- Winegar v. Froerer Corp.Utah Supreme Court · 1991
- Eugene Dalton v. Internal Revenue ServiceCourt of Appeals for the Tenth Circuit · 1996
- Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- In the Matter of Margaret WILLIAMS, Debtor-Appellee, Appeal of CHICAGO HOUSING AUTHORITYCourt of Appeals for the Seventh Circuit · 1998
33 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fursman v. Ulrich (In Re First Protection, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- In re C.W. Mining Co.Court of Appeals for the Tenth Circuit · 2014
- Northwest Wholesale, Inc. v. Pac Organic Fruit, LLCWashington Supreme Court · 2015
- Signature Apparel Group LLC v. Laurita (In re Signature Apparel Group LLC)United States Bankruptcy Court, S.D. New York · 2017
- Northwest Wholesale, Inc. v. Pac Organic Fruit, LLCCourt of Appeals of Washington · 2014
6 more not listed; retrieve them via the Exa API.