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Taft A. McKinstry, the Trustee for BD Unsecured Creditors Trust in In re Black Diamond Mining Company files fifty (50) adversary complaints against creditors

Monday, March 29,2010.

Taft A. McKinstry, the Trustee for BD Unsecured Creditors Trust in In re Black Diamond Mining Company, filed an adversary complaint against Genesis Coal Corporation alleging the transfer of $ 663,000.00 as preference under Section 547 of the Bankruptcy Code. The Trustee has filed over 50 complaints so far, instituting preference actions against different vendors and other parties-in-interest in the bankruptcy cases of Black Diamond Mining Company, LLC and its affiliates. Some of the other creditors sued in this case include Kentucky Power Company, Hendrickson Equipment, Floyd County Human, Resources, Alaxandar Coal Sales, U.S. Office of Surface Mining, Goose Creek Energy, Inc., Mine Management Consultants, and Bocook Engineering, Inc. for the return of over $ 10 million as preferential payments.

On February 19, 2008, Black Diamond Mining Company, LLC a producer of steam and stoker coal in Central Appalachia, and its affiliates ("Black Diamond" or the "Company") had filed for protection under Chapter 11 in the United States Bankruptcy Court for the Eastern District of Kentucky. Black Diamond, headquartered in Prestonsburg, Kentucky, produces and markets Central Appalachian steam and stoker coal for consumption by electric utilities and industrial concerns in the central and southeastern United States.

The complaints were filed before Judge Joseph M. Scott Jr. The plaintiff has retained Fowler Measle & Bell PLLC as their attorneys. The case is In re Black Diamond Mining Company, LLC and its affiliates, 08-70066-jms.


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