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IN RE BLACK DIAMOND MINING COMPANY, LLC

Civil No. 15-96-ART.

In re BLACK DIAMOND MINING COMPANY, LLC, et al. TAFT A. MCKINSTRY, Trustee of the BD Unsecured Creditors Trust, and DINSMORE & SHOHL LLP, Appellants, v. RICHARD HOLMES ENTERPRISES, LLC, Appellee.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

February 5, 2016.

Attorney(s) appearing for the Case

Taft A. McKinstry, represented by David B. Goroff , Foley & Lardner, LLP & Geoffrey S. Goodman , Foley & Lardner, LLP.

Dinsmore & Shohl LLP, Appellant, represented by David James Treacy , Dinsmore & Shohl LLP, Michael R. Limrick , Hoover Hull Turner LLP, Patrick A. Ziepolt , Hoover Hull Turner LLP & Wayne C. Turner , Hoover Hull Turner LLP.

Richard Holmes Enterprises, LLC, Appellee, represented by C. Thomas Ezzell , The Getty Law Group, PLLC, Paul Smith , Ware Jackson Lee O'Neill Smith & Barrow, LLP, Richard A. Getty , The Getty Law Group, PLLC & Timothy F. Lee , Ware Jackson Lee O'Neill Smith & Barrow, LLP.

MEMORANDUM OPINION AND ORDER

The bankruptcy court ordered Richard Holmes Enterprises, LLC ("Holmes Enterprises") to deposit funds into an escrow account if it wants to reopen the bankruptcy case. Holmes Enterprises now moves to stay that order. But under the Bankruptcy Code, the bankruptcy court has the...

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