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

Justia Dockets & Filings Third Circuit Pennsylvania Middle District Fulton Bank, N..A. v. Kimmel's Coal and Packaging, Inc. et al.

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

Case Number:	1:2023cv00351
Filed:	January 17, 2024
Court:	US District Court for the Middle District of Pennsylvania
Office:	Harrisburg Office
Nature of Suit:	Bankruptcy Appeal (801)
Cause of Action:	28 U.S.C. § 0158 Notice of Appeal re Bankruptcy Matter (BA

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Date Filed	Document Text
January 17, 2024	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)

Date Filed

Document Text

January 17, 2024

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)

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