Chesapeake Appalachia,LLC et al v. Powell

Filing 28

ORDER 1. The Bankruptcy Court's decision is VACATED insofar as it holds that the parties' oil and gas lease is either an executory contract or an unexpired lease subject to rejection under 11 U.S.C. § 365. 2. The case is REMANDED to the Bankruptcy Court for any further proceedings consistent with this Order and its accompanying Opinion. Signed by Honorable Robert D. Mariani on 11/10/15. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

In re: MARK POWELL and POWELL
DEVELOPMENT COMPANY, INC.,

Chapter 12
5:1O-BK-06255-JJT

Debtors.
CHESAPEAKE APPALACHIA, LLC
and STATOIL USA ONSHORE
PROPERTIES, INC.,
Appellants,

3:13-CV-00035

(JUDGE MARIANI)

(APPEAL FROM BANKRUPTCY COURT)

v.
MARK POWELL and POWELL
DEVELOPMENT COMPANY INC.,
Appellees.
ORDER
AND NOW, THIS

pc.f;" DAY OF NOVEMBER, 2015, upon consideration of the

above-captioned creditors' appeal from the Bankruptcy Court's decision of September 18,
2012, IT IS HEREBY ORDERED THAT:
1. The Bankruptcy Court's decision is VACATED insofar as it holds that the parties' oil
and gas lease is either an executory contract or an unexpired lease subject to
rejection under 11 U.S.C. § 365.
2. The case is REMANDED to the Bankruptcy Court for any further proceedings
consistent with this Order and its accompanying Opinion.

obert D. Mariani
United States District Judge

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