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IN RE C.W. MINING COMPANY, 08-20105. (2013)

Court: United States Bankruptcy Court, D. Utah Number: inbco20130301583 Visitors: 5
Filed: Mar. 01, 2013
Latest Update: Mar. 01, 2013
Summary: ORDER GRANTING IN PART TRUSTEE'S FIFTH MOTION TO APPROVE SETTLEMENT AGREEMENTS This matter came before the Court for hearing on February 26, 2013, on the Trustee's Fifth Motion to Approve Settlement Agreements (" Motion ") (Dkt. No. 2232). At the hearing, the Trustee was represented by Daniel Dansie. Owell Precast was represented by Tyler Foutz. Hidden Splendor was represented by Engels Tejeda. The Trustee's Motion addresses settlement agreements which have the potential to resolve two advers
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ORDER GRANTING IN PART TRUSTEE'S FIFTH MOTION TO APPROVE SETTLEMENT AGREEMENTS

This matter came before the Court for hearing on February 26, 2013, on the Trustee's Fifth Motion to Approve Settlement Agreements ("Motion") (Dkt. No. 2232). At the hearing, the Trustee was represented by Daniel Dansie. Owell Precast was represented by Tyler Foutz. Hidden Splendor was represented by Engels Tejeda. The Trustee's Motion addresses settlement agreements which have the potential to resolve two adversary proceedings in this case, Rushton v. Owell Precast, AP 10-2805, and Rushton v. Hidden Splendor Resources Inc., AP 10-2794. No party has objected to the Trustee's Motion.

On February 15, 2013, Hidden Splendor filed Notice of Filing Bankruptcy ("Notice") (AP 10-2794 Dkt. No. 33). The Notice stated that Hidden Splendor had filed a petition under the bankruptcy code on February 1, 2013, in the District of Nevada. The Trustee's position, as stated at the February 26, 2013, hearing is that the operation of the automatic stay prevents the Trustee from continuing to seek approval of the settlement agreement between the Trustee and Hidden Splendor. Consequently, the Trustee withdrew his request for approval of the Hidden Splendor settlement agreement. He now seeks approval of the Motion only as to the Owell Precast settlement agreement. Having now considered the pleadings filed with the Court and the representations of counsel, and finding good cause, it is hereby ORDERED:

1. That the Trustee's Motion is granted with respect to the settlement agreement between the Trustee and Owell Precast.

Source:  Leagle

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