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The bankruptcy court grants the trustee's motions to transfer coal mining leases under 11 U.S.C. § 363. The "lessor" argued that the agreements were leases, and thus § 365 should control.
The bankruptcy court grants the trustee's motions to
transfer coal mining leases under 11 U.S.C. § 363. The
"lessor" argued that the agreements were leases, and thus
§ 365 should control. However, the court recognizes that under
Kentucky law coal mining leases are treated as conveyances of real
property. Thus these agreements were not leases, despite contract
language suggesting they were. Opinion below.
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