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Case 1:20-ap-01029 Doc 1 Filed 08/06/20 Entered 08/06/20 11:07:17 Desc Main <br /> Document Page 8 of 9 <br /> 33. If the Lease terminated on its own terms before the Petition Date, then the Lease <br /> is not property of Rockhouse's bankruptcy estate under Section 541(a)(1) of the Code. <br /> 34. Although "[p]roperty interests are created and defined by state law," Butner v. <br /> United States, 440 U.S. 48, 56 (1979), federal law determines what property is property of the <br /> estate under Section 541(a) of the Code. <br /> 35. Rockhouse is of the view that the Lease was extended by Boone's August 16, <br /> 2016 email to Chickering. But that email did nothing more than claim that Rockhouse intended <br /> to renew the Lease in the future. <br /> 36. No writing exists under which Rockhouse ever gave written notice to WV Mid <br /> Vol under Paragraph 25 of the Lease that it had made the decision to extend the Lease under <br /> Paragraph 2(b) thereof. <br /> 37. WV Mid Vol hereby requests that the Court enter a declaratory judgment under <br /> 28 U.S.C. 2201, declaring that the Lease terminated on its own terms on August 17, 2017 and is <br /> not property of Rockhouse's estate under Section 541(a) of the Code. <br /> WHEREFORE, WV Mid Vol respectfully requests that the Court: (1) enter a declaratory <br /> judgment in favor of it and against Rockhouse on Count 1, declaring that the Lease expired on its <br /> own terms on August 17, 2017 and is not property of Rockhouse's estate under Section 541(a) of <br /> the Code; (2) award WV Mid Vol all of the costs that it incurs in the litigation of this adversary <br /> proceeding; and (3) grant WV Mid Vol such other and further relief as the Court deems just and <br /> proper. <br /> 8 <br />