This matter comes before the court on motion of the Trustee William D. Bishop (“Trustee”) for determination,...
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION
IN RE:
LODESTAR ENERGY, INC. CASE NO. 01-50969
LODESTAR HOLDINGS, INC. CASE NO. 01-50972 and
INDUSTRIAL FUELS MINERAL CO. CASE NO. 03-70015
DEBTORS CHAPTER 7
ORDER
Factual and Procedural Background
This matter comes before the court on motion of the Trustee William D. Bishop (“Trustee”) for determination, allowance and final payment of Tier 3 allowed claims in the above-referenced Chapter 7 proceeding (Doc. 4149) and a notice to claimants (Doc. 4179) sent pursuant to said motion. As part of his motion, the Trustee asks that the court determine the allowed amount of an administrative claim held by Larry B. Pinson, Gayle Pinson and Robert B. Pinson (collectively “the Pinsons”) which was determined to exist by the U.S. District Court for the Eastern District of Kentucky in its reversal of this court’s conclusions of law dated July 30, 2002 and remand of the matter for further determination. The Pinsons filed an objection to the Trustee’s proposed treatment of their claim, arguing that they have a “final and non-appealable order reflecting that they are entitled to the sum of $1,000,000.00 from the [bankruptcy estate] for a settlement that was entered into post-petition and because the settlement allowed the [then] debtor in possession to mine the Pinson Heirs’ coal.” (Doc. 4213).
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Copies to:
Laura Day DelCotto, Esq.
Robert T. Copeland, Esq.
Ryan R. Atkinson, Esq.
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