On January 15, 2016, a motion for authority to sell assets of the estates pursuant to section 363 of the Bankruptcy Code was filed in the bankruptcy case of Fortress Resources, LLC (d/b/a McCoy Elkhorn Coal Company) and its affiliates.
The filing was assigned docket number 202 and is described on the court’s official docket as follows:
Motion to Approve Bidding Procedures and Related Deadlines; Schedule Date and Time for Sale Hearing; Approve Form and Manner of Notice of Same; Approve Form and Manner of Notice of Proposed Assumption and Assignment or Rejection of Certain Executory Contracts and Unexpired Leases and Related Cure Claims; and Approving Shortened Notice and Expedited Hearing on Same, filed by Fortress Resources, LLC. Hearing scheduled for 1/27/2016 at 09:30 AM at Lexington Courtroom, 3rd Floor. (Attachments: # (1) Proposed Order # (2) Proposed Order Exhibit A to Order – Bidding Procedures # (3) Proposed Order Exhibit B to Bidding Procedures Order # (4) Proposed Order Exhibit C to Bidding Procedures Order) (Bunch, W)
Fortress Resources, LLC (d/b/a McCoy Elkhorn Coal Company) filed for bankruptcy protection, or had an involuntary bankruptcy petition filed against it, on November 5, 2015. The bankruptcy case is pending before the United States Bankruptcy Court for the Eastern District of Kentucky . The case number for the lead bankruptcy case is 15-70730. The bankruptcy case is currently assigned to United States Bankruptcy Judge Tracey Wise. The law firm of Bunch & Brock is acting as lead bankruptcy counsel to Fortress Resources, LLC (d/b/a McCoy Elkhorn Coal Company) in the bankruptcy case.