IN RE: CANADA COAL CO., INC. CASE NO. 92-70129

 UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF KENTUCKY

PIKEVILLE

IN RE:

CANADA COAL CO., INC. CASE NO. 92-70129

DEBTOR

SYNOPSIS

"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

 

Copies to:

John T. Hamilton

Laura Day Delcotto

Danielle Stieger

Joseph J. Golden