My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2014-12-17_GENERAL DOCUMENTS - C1981012
DRMS
>
Day Forward
>
General Documents
>
Coal
>
C1981012
>
2014-12-17_GENERAL DOCUMENTS - C1981012
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/24/2016 5:56:02 PM
Creation date
12/18/2014 12:42:00 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981012
IBM Index Class Name
General Documents
Doc Date
12/17/2014
Doc Name
Bankruptcy Court Notice (2nd Copy)
From
New Elk Coal Company, LLC
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
LDS
MPB
Media Type
D
Archive
No
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
4
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Case:14- 26132 -EEB Doc #:31 Filed:12/11/14 Entered: 12/11/14 11:20:51 Page2 of 3 <br />and (ii) after such hearing, the entry of a preliminary injunction order extending the relief in the <br />temporary restraining order until the disposition of the Chapter 15 Petitions. <br />The Court has considered and reviewed the Motion and the Chapter 15 Petitions and all <br />related documents filed contemporaneously therewith. Based on the foregoing, and there being <br />no objections filed to the Motion, the Court finds and concludes as follows: <br />a) The Monitor has demonstrated a substantial likelihood of success on the merits <br />that the Cline Debtors are the subject of a pending foreign main proceeding in Canada and that <br />the Monitor is the foreign representative of the Cline Debtors; <br />b) The Monitor has demonstrated that without a stay on execution against the Cline <br />Debtors' assets and the protections of section 362 of the Bankruptcy Code, there is a material risk <br />that the Cline Debtors will suffer irreparable harm to the value of their business, assets, and <br />property from the potential enforcement and collection efforts of creditors pending the <br />disposition of the Chapter 15 Petitions; <br />C) The Monitor has demonstrated that without the protections of section 365(e) of <br />the Bankruptcy Code, there is a material risk that counterparties to certain of the Cline Debtors' <br />agreements may take the position that the commencement of the Canadian Proceeding authorizes <br />them to terminate such contract or accelerate obligations thereunder. Such termination or <br />acceleration, if permitted and valid, could severely disrupt the Cline Debtors' operations, result <br />in irreparable damage to the value of the Cline Debtors' businesses, and cause substantial harm <br />to the Cline Debtors' creditors and other parties in interest; <br />d) The Monitor has demonstrated that no injury will result to any party that is greater <br />than the harm to the Cline Debtors' business, assets and property in the absence of the requested <br />relief, and that the interests of the public will be served by this Court's granting of the relief <br />requested by the Monitor; <br />e) Due to the nature of the relief requested, the Court finds that no security is <br />required under Rule 65(c) of the Federal Rules of Civil Procedure, as made applicable in these <br />cases by Rule 7065 of the Federal Rules of Bankruptcy Procedure; <br />f) This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and <br />1334 and section 1501 of the Bankruptcy Code; <br />g) This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(P); and <br />h) Venue is proper in this District pursuant to 28 U.S.C. §§ 1410(1) and (3). <br />NOW THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: <br />1. Until such time as an order disposing of the Chapter 15 Petitions is entered, <br />(i) pursuant to sections 1519(a)(1) and 105(a) of the Bankruptcy Code, all persons <br />and entities are enjoined from seizing, attaching, possessing, executing, and/or enforcing <br />
The URL can be used to link to this page
Your browser does not support the video tag.