In re HNRC Dissolution Co.

Full title: IN RE: HNRC DISSOLUTION CO. f/d/b/a HORIZON NATURAL RESOURCES COMPANY, ET…

Court: United States Bankruptcy Court, E.D. Kentucky, Ashland Division

Date published: Aug 29, 2005

Case No. 02-14261, (Jointly Administered) (Bankr. E.D. Ky. Aug. 29, 2005)

Opinion

Case No. 02-14261, (Jointly Administered).

August 29, 2005

Elizabeth Lee Thompson, Stites Harbison, PLLC, Lexington, KY, COUNSEL FOR LEXINGTON COAL COMPANY, LLC. and

Martin B. Tucker, Patricia K. Burgess, Esq., Martin B. Tucker, Esq., Sawyer Glancy PLLC, Lexington, KY, COUNSEL FOR ANNE CODY, EXECUTRIX FOR THE ESTATE OF JAY V. THOMPSON

SECOND AGREED ORDER (A) CONTINUING HEARING ON AMENDED OBJECTION OF LEXINGTON COAL COMPANY, LLC TO ADMINISTRATIVE EXPENSE CLAIM OF ANNE CODY, EXECUTRIX OF THE ESTATE OF JAY THOMPSON AND (B) EXTENDING OBJECTION DEADLINE

WILLIAM HOWARD, Bankruptcy Judge

WHEREAS, on May 24, 2005, Lexington Coal Company, LLC ("Lexington Coal"), by and through counsel, filed its Amended Objection to Administrative Expense Claim of Anne Cody, Executrix of the Estate of Jay Thompson [Docket No. 6164] (the "Amended Objection").

WHEREAS, pursuant to the Amended Objection, responses to the Amended Objection, if any, were required to be filed and served within thirty (30) days from the date of the filing of the Amended Objection (June 23, 2005) (the "Response Deadline").

WHEREAS, notwithstanding the Response Deadline, counsel for Lexington Coal scheduled the Amended Objection for hearing at 9:30 a.m. on July 15, 2005 (the "Amended Objection Hearing").

WHEREAS, counsel for Lexington Coal and Ms. Cody have previously agreed to continue the Amended Objection Hearing to the omnibus hearing date scheduled for August 30, 2005 at 9:30 a.m. and agreed to extend the Response Deadline to and including August 23, 2005 pursuant to that Agreed Order entered by the Court on July 23, 2005 [Docket No. 6605].

WHEREAS, on August 25, 2005, counsel for Lexington Coal and counsel for Ms. Cody further agreed to continue the Amended Objection Hearing to the omnibus hearing date scheduled for October 3, 2005 at 9:30 a.m. and agreed to extend the Response Deadline to and including September 19, 2005.

Based upon the foregoing agreement, IT IS THEREFORE ORDERED, AGREED AND ADJUDGED, AND THE COURT HEREBY FINDS, as follows:

1. The Amended Objection Hearing originally scheduled for hearing on July 15, 2005, and previously continued and scheduled for hearing on August 30, 2005, shall now be brought on for hearing at 9:30 a.m. on October 3, 2005 before the Honorable William S. Howard, United States Bankruptcy Court for the Eastern District of Kentucky, Third Floor Courtroom, 100 East Vine Street, Lexington, Kentucky.

2. The Response Deadline is hereby extended and Ms. Cody may file a response to the Amended Objection on or before September 19, 2005.