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2020-08-04_GENERAL DOCUMENTS - C1980004
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2020-08-04_GENERAL DOCUMENTS - C1980004
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Last modified
12/27/2024 11:22:02 PM
Creation date
8/5/2020 12:02:27 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
8/4/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
District Court of Ohio
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
CCW
JDM
JRS
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 124-1 Filed 07/29/20 Entered 07/29/20 20:57:30 Desc <br /> Exhibit A - Proposed Sale Order Page 5 of 43 <br /> 2019 and may enter a final order on the Motion consistent with Article III of the United States <br /> Constitution. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue in this <br /> district is proper under 28 U.S.C. §§ 1408 and 1409. <br /> C. Statutory Predicates. The statutory predicates for the relief requested in the Sale <br /> Motion are sections 105, 363, 365 and 503(b) of the Bankruptcy Code, Bankruptcy Rules 2002, <br /> 6004, 6006, and 9014, Local Rule 6004-1, and the Procedures for Complex Chapter 11 Cases. <br /> D. Notice. As evidenced by the affidavits of service [Docket Nos. ] <br /> previously filed with the Court, and based on the representations of counsel at the Sale Hearing, <br /> proper, timely, adequate, and sufficient notice of the Sale Motion, including, without limitation, <br /> the Sale Transaction, the assumption and assignment of the Assigned Contracts, the Auction, the <br /> Sale Hearing, and the Bidding Procedures (as defined in the Bidding Procedures Order) have <br /> been provided in accordance with sections 102(1), 363, and 365 of the Bankruptcy Code and <br /> Bankruptcy Rules 2002, 6004, 6006, 9006, and 9007 and Local Rules 6004-1. Such notice was <br /> good and sufficient and appropriate under the particular circumstances. No other or further notice <br /> of the Sale Motion, including, without limitation, the Sale Transaction, the Debtors' assumption <br /> and assignment of the Assigned Contracts, the Cure Costs, the Auction, or the Sale Hearing, is <br /> necessary or shall be required. With respect to entities whose identities were not reasonably <br /> ascertained by the Debtors, publication of the Auction and Hearing Notice was made as provided <br /> in [Docket No. ], and such notice was sufficient and reasonably calculated <br /> under the circumstances to reach all known and unknown entities. <br /> E. Assumption/Assignment Notice. An Assumption/Assignment Notice has been <br /> provided to each of the non-Debtor counterparties to the Assigned Contracts identified on the <br /> list(s) the Debtors have filed on the docket, all in accordance with the Bidding Procedures Order. <br />
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