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In re: C.W. Mining Co., No. 10-4028

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By FindLaw Staff on November 09, 2010 8:06 AM

Appeal from Bankruptcy Court Contempt Order

In In re: C.W. Mining Co., No. 10-4028, creditors' appeal from an order of the Bankruptcy Appellate Panel affirming a contempt order of the bankruptcy court, the court affirmed where 1) given a facially plausible motion, creditors were not denied due process because they were afforded adequate notice and a meaningful opportunity to be heard; and 2) creditors' argument that Local Rule 9013-1(c) is unconstitutional was not previously raised; and 3) the bankruptcy court did not exceed its authority by voiding the actions taken by creditors in violation of the automatic stay.

As the court wrote:  "Appellants Standard Industries, Inc. ("Standard") and C.O.P Coal
Development Company ("COP") appeal from an order of the Bankruptcy Appellate Panel ("BAP") affirming a contempt order of the bankruptcy court. The bankruptcy court held Standard and COP in civil contempt for intentionally violating an automatic stay imposed by 11 U.S.C. § 362(a). This court has jurisdiction pursuant to 28 U.S.C. § 158(d)(1), and we affirm."

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