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Euler Hermes ACI v. Coal River Res., Inc., et al. (In re Coal River Res., Inc., et al.) (Case No. 04-00988; A.P. No. 04-07146) 07/25/2005

The Court found that an assignee Creditor did not have a workman's or materialman's lien under West Virginia law because the liens were not filed in accordance with the statute, despite an exception from the automatic stay.  A general unsecured creditor does not have standing to assert an equitable subordination motion against another general unsecured creditor without authorization of the Court after notice and hearing to all creditors and parties in interest.

Monday, July 25, 2005
Adversary Proceedings
Automatic Stay
Chapter 11 Issues
Creditors Committee
Equitable Subordination
Mechanics Liens
Notice and Opportunity