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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION CASE NO.: 5:06-CV-00206-TBR IN RE: LWD, INC., et. al., CHAPTER 11 CASE NO. 03-51021 (Jointly Administered) DEBTORS K&B CAPITAL, LLC APPELLANTS

v. OFFICIAL UNSECURED CREDITOR'S COMMITTEE OF LWD, INC. MEMORANDUM OPINION This matter is before the Court on appeal from the United States Bankruptcy Court for the Western District of Kentucky. K&B Capital, LLC ("K&B"), appeals the Bankruptcy Court's September 26, 2006, Order denying K&B's Motion to Compel Execution and Delivery of Mutual Release and for Entry of Order Holding LWD Creditors' Committee in Contempt (Docket #6). The Appellees, Official Unsecured Creditor's Committee ("Committee"), filed a Brief in response (Docket #10). K&B filed a reply brief (Docket # 11). The matter is now ripe for adjudication. For the following reasons, the Court AFFIRMS the judgment of the Bankruptcy Court and DISMISSES the appeal. BACKGROUND This case arises from the bankruptcies of several related companies: LWD, Inc.; LWD Field Services, Inc.; LWD Land Company, Inc.; LWD Equipment, Inc.; LWD Trucking, Inc.; LWD Sanitary Landfill, Inc. (collectively the "LWD Defendants"); and General Environmental Services,

APPELLEES

LLC ("GES"). Prior to the bankruptcy filings, most of LWD Inc.'s assets were seized by Bank One, a creditor. K&B then purchased Bank One and began loaning large amounts of money to the LWD Inc. entities to avoid bankruptcy. Because of these loans, the collateral K&B purchased from Bank One diminished in value by the time the bankruptcy proceedings began. The Bankruptcy Court entered an Order (the "Cash Collateral Order") allowing "adequate protection payments" to Debtors of up to $35,000 a week. The Order was to remain in effect until the Bankruptcy Court modified it during the ensuing bankruptcy proceedings. The LWD Inc. Defendants originally were involved in Chapter 7 bankruptcies, but consented to convert the proceedings to Chapter 11 bankruptcies. These proceedings were ordered to be jointly administrated with the Chapter 11 bankruptcy proceedings for GES on September 11, 2003. Under the lead case number for LWD, Inc., a Creditor's Committee was appointed for the joint administration of the bankruptcies.1 On January 27, 2004, the Bankruptcy Court ordered the Debtors to sell substantially all their assets pursuant to 11 U.S.C.

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