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2016-04-25_GENERAL DOCUMENTS - C1982056 (12)
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2016-04-25_GENERAL DOCUMENTS - C1982056 (12)
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Last modified
8/24/2016 6:21:05 PM
Creation date
4/26/2016 1:13:53 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
Motion of the Debtors and Debtors in Possession Pursuant to Sections
From
United State Bankruptcy
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JLE
Media Type
D
Archive
No
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Case 16-42529 Doc 28 Filed 04/13/16 Entered 04/13/16 11:32:40 Main Document <br />Pg2of31 <br />goods received by the Debtors within 20 days of the Petition Date without limit on the maximum <br />aggregate amount, as these claims if allowed would be entitled to administrative priority <br />pursuant to section 503(b)(9) of the Bankruptcy Code; (b) approving a procedure to address <br />those vendors who repudiate or otherwise refuse to honor their contractual obligations to the <br />Debtors; and (c) granting certain related relief, and in support thereof, respectfully represent as <br />follows:2 <br />Jurisdiction and Venue <br />This Court has subject matter jurisdiction to consider this matter pursuant to <br />28 U.S.C. §§ 157 and 1334 and Rule 81-9.01(B)(1) of the Local Rules of the United States <br />District Court for the Eastern District of Missouri. This is a core proceeding pursuant to <br />28 U.S.C. § 157(b). Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. <br />Background <br />2. On April 13, 2016 (the "Petition Date"), the Debtors commenced their <br />reorganization cases by filing voluntary petitions for relief under chapter I 1 the Bankruptcy <br />Code. The Debtors are authorized to continue to operate their businesses and manage their <br />properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy <br />Code. <br />3. Debtor PEC is a Delaware corporation headquartered in St. Louis, Missouri. PEC <br />was incorporated in 1998 and became a public company in 2001. Each of the other Debtors is a <br />wholly-owned direct or indirect subsidiary of PEC. <br />4. PEC is the world's largest private -sector coal company (by volume), with 26 <br />active coal mining operations located in the United States and Australia. The Debtors' domestic <br />2 Copies of the proposed orders will be made available on the Debtors' case website at <br />http://www.kccllc.net/peabody. <br />-2- <br />
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