Laserfiche WebLink
Case 1:20-ap-01029 Doc 1 Filed 08/06/20 Entered 08/06/20 11:07:17 Desc Main <br /> Document Page 3 of 9 <br /> the Code, or arising in or related to a case under the Code have been referred to banlxuptcy <br /> judges of the Southern District of Ohio. <br /> 6. Venue of the Rockhouse Bankruptcy Case is proper in this Court under 28 U.S.C. <br /> § 1408(2). <br /> 7. Venue of this adversary proceeding is proper in this Court under 28 U.S.C. <br /> § 1409(a). <br /> 8. The cause of action asserted under Count I of this Complaint seeks a declaratory <br /> judgment that a Lease dated August 17, 2007 executed between WV Mid Vol and Rockhouse is <br /> not property of the estate under 11 U.S.C. § 541(a) and is therefore unquestionably a core <br /> proceeding under 28 U.S.C. §§ 157(b)(2)(A) and 157(b)(2)(0). This Court may enter <br /> appropriate orders and a final judgment on Count I under 28 U.S.C. § 157(b)(1). <br /> GENERAL ALLEGATIONS <br /> 9. WV Mid Vol owns the fee interest in approximately 30,000 acres of land located <br /> in Raleigh and Wyoming Counties, West Virginia. <br /> 10. On or about August 17, 2007, WV Mid Vol, as Lessor, and Rockhouse, as Lessee, <br /> entered a Lease dated August 17, 2007 (the "Lease"). <br /> 11. A true and correct of the Lease is attached hereto as Exhibit 1. <br /> 12. Under Paragraph 1 of the Lease, WV Mid Vol leased and gave Rockhouse the <br /> "exclusive right and privilege to mine and take away all coal (including methane in the coal <br /> seams to the extent of Lessor's interest therein) in, on and underlying the real property described <br /> on Exhibit A" to the Lease (the "Leased Premises"), "together with all mining rights and <br /> privileges" set forth in the Lease, "including any implied or necessary rights" not specifically set <br /> forth in the Lease. <br /> 3 <br />