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

"Under 11 U.S.C. § 365(g) the rejection of an unexpired lease of the debtor constitutes a breach of the lease, which under 11 U.S.C. §§ 501(d) and 502(g) gives rise to a claim for damages which is allowable as if the claim had arisen before the date of the petition."

"[T]he motion of the G.C. Rowe heirs for an order compelling the debtor in possession to pay certain taxes levied by the Kentucky Revenue Cabinet on unmined minerals . . . 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