(Bankr. E.D. Ky. June 19, 2015)
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.
Author: Matt Lindblom