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United States Tenth Circuit


In re: C.W. Mining Co., 10-4028

In creditors' appeal from an order of the Bankruptcy Appellate Panel affirming a contempt order of the bankruptcy court, the order is affirmed where: 1) given a facially plausible motion, creditors were not denied due process because they were afforded adequate notice and a meaningful opportunity to be heard; and 2) creditors' argument that Local Rule 9013-1(c) is unconstitutional was not previously raised; and 3) the bankruptcy court did not exceed its authority by voiding the actions taken by creditors in violation of the automatic stay.

Appellate Information

  • Decided 11/08/2010
  • Published 11/08/2010

Judges

  • Monroe C. Kelly

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Kim R. Wilson, Brent D. Wride

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