IN RE: CANADA COAL CO., INC. CASE NO. 92-70129
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF KENTUCKY
CANADA COAL CO., INC. CASE NO. 92-70129
"Title 11 U.S.C. § 365(k) provides that the assignment by the trustee (debtor in possession) to an entity (McCoy-Elkhorn Coal Corporation) of a contract of lease assumed under this section relieves the trustee and the estate from any liability for any breach of such contract or lease occurring after such assignment. . . . The bankruptcy estate is no longer liable for unmined mineral taxes assessed subsequent to the assignment of the debtor's rights and obligations under the base lease to McCoy-Elkhorn Coal Corporation."
"[T]he motion of the Scott and Rowe heirs for an order compelling the debtor in possession to pay certain taxes on unmined coal owned by the movants and leased to the debtor . . . is overruled."
Dated: July 6, 1994.
By the court -
Joe Lee, Chief Judge
John T. Hamilton
Laura Day Delcotto
Joseph J. Golden