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IN RE BLACK DIAMOND MINING COMPANY, LLC

Case Nos. 08-70066, 08-70067, 08-70069, 08-70070, 08-70071, 08-70072, 08-70073 Jointly Administered, Adv. Proceeding No. 11-07010.

In re: BLACK DIAMOND MINING COMPANY, LLC, et al. Chapter 11, Debtors. TAFT A. McKINSTRY, AS TRUSTEE OF THE BD. UNSECURED CREDITORS TRUST, Plaintiff, v. HAROLD E. SERGENT, IRA J. GENSER, LARRY TATE and ALVAREZ & MARSAL NORTH AMERICA, LLC, Defendants.

United States Bankruptcy Court, E.D. Kentucky, Pikeville Division.

September 21, 2011.

MEMORANDUM OPINION

JOSEPH M. SCOTT, Jr., Bankruptcy Judge.

This matter is before the Court on the Motion for Stay Pending Appeal ("Motion for Stay") (AP Doc. 32)1 filed by Harold E. Sergent ("Sergent"). The motion requests that this Court stay its Order (AP Doc. 27) and Memorandum Opinion (AP Doc. 26) (together, the "Abstention Order") entered in this adversary proceeding on June 23, 2011. The Abstention Order sustained in part...

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