2020-09-16_GENERAL DOCUMENTS - C1980004 (2)

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Case 1:20-ap-01029 Doc 1 Filed 08/06/20 Entered 08/06/20 11:07:17 Desc Main Document Page 7 of 9 it, for a number of reasons, did not serve as a notice of renewal. Please refer to Section 25 of the lease which prescribes methods for delivering notice. West Virginia Mid Vol never received formal notice of the renewal. Accordingly, the lease expired on its terms on August 16, 2017. 28. The August 16 2017 date in Chickering's email of July 21, 2020 was a mistake; the correct date is August 17, 2017, which was the tenth anniversary of the date of the Lease. 29. Page 181 of Doc. 26-5 filed in the above-captioned jointly administered Chapter 11 cases, a true and correct copy of which is attached hereto as Exhibit 5, lists the Lease as an unexpired lease on Schedule G and states under the "General Information" section as follows: Letter dated July 14, 2020 regarding whether a lease has expired. Email correspondence indicating that West Virginia Mid Vol, Inc. never received formal notice of lease renewal. 30. There is an "actual controversy" within the meaning of 28 U.S.C. § 2201(a) between WV Mid Vol and Rockhouse as to whether the Lease expired on its own terms on August 17, 2017, which controversy is within the jurisdiction of this Court. The Court is empowered to adjudicate this actual controversy under 28 U.S.C. § 2201(a). COUNT REQUEST FOR ENTRY OF A DECLARATORY JUDGMENT, DECLARING THAT THE LEASE EXPIRED ON ITS OWN TERMS ON AUGUST 17, 2017 31. WV Mid Vol repeats and re-alleges the allegations contained in paragraphs 1-30 above as though fully set forth herein. 32. The commencement of the Rockhouse Bankruptcy Case created an estate under I I U.S.C. § 541(a). That estate is comprised of certain property, wherever located, including all legal or equitable interests of Rockhouse "in property as of the commencement of the case" under Section 541(a)(1) of the Code. 7