Fulton Bank, N..A. v. Kimmel's Coal and Packaging, Inc. et al.

Filing 38

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED THAT: 1) Appellants appeal is GRANTED in part and DENIED in part. (Doc. 1.) Specifically, the court grants Appellants appeal to the extent that Appellant believes that the b ankruptcy court erred in finding that the sale documents and stipulation are unambiguous and therefore do not require Appellee to assume the at-issue reclamation liability. The court denies the remainder of Appellants appeal. 2) The February 17, 2023 order of the bankruptcy court is VACATED. (Doc. 8-17.) 3) This case is remanded to the bankruptcy court for further proceedings consistent with the memorandum. 4) The Clerk of Court is directed to close this case. Signed by Honorable Jennifer P. Wilson on 1/17/2024. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE KIMMEL’S COAL AND
PACKAGING, INC., et al.,
Debtors-in-Possession
FULTON BANK, N.A.,
Appellant,
v.
RAUSCH CREEK LAND, L.P.,
Appellee.

: Civil No. 1:23-CV-00351
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Related Bankruptcy Case No.
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1:18-BK-01609-HWV
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: Judge Jennifer P. Wilson
ORDER

AND NOW, on this 17th day of January 2024, for the reasons stated in the
accompanying memorandum, IT IS ORDERED THAT:
1) Appellant’s appeal is GRANTED in part and DENIED in part. (Doc. 1.)
Specifically, the court grants Appellant’s appeal to the extent that Appellant
believes that the bankruptcy court erred in finding that the sale documents
and stipulation are unambiguous and therefore do not require Appellee to
assume the at-issue reclamation liability. The court denies the remainder of
Appellant’s appeal.
2) The February 17, 2023 order of the bankruptcy court is VACATED.
(Doc. 8-17.)

3) This case is remanded to the bankruptcy court for further proceedings
consistent with the memorandum.
4) The Clerk of Court is directed to close this case.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania