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From:EBS-Noticing EBS-Not Fax:28889085191 To:3038328106arcfax.com Fax:(303)832.8206 Page:5 of 33 0712312020 4:17 PM <br /> Case 1:20-bk-12043 Doc 25 Filed 07/22/20 Entered 07/22/20 20:45:12 Desc Main <br /> Document Page 2 of 8 <br /> JURISDICTION AND VENUE <br /> 1. This Court has jurisdiction over this Motion under 28 U.S.C. §§ 157 and 1334. This <br /> matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2). <br /> 2. Venue of this proceeding and this Motion in this District is proper under 28 U.S.C. <br /> §§ 1408 and 1409. <br /> 3. The statutory basis for the relief requested herein is Section 105 of title 11 of the <br /> United States Code, 11 U.S.C. §§ 101 et seq. (the `Bankruptcy Code"). <br /> 4. As of the date hereof, no creditors' committee, trustee or examiner has been <br /> appointed. <br /> BACKGROUND <br /> 5. The Debtors commenced chapter 11 cases under which they are seeking joint <br /> administration (the "Chapter 11 Cases")by filing voluntary petitions for relief under chapter 11 <br /> of the Bankruptcy Code on July 22, 2020 (the "Petition Date"). Pursuant to sections 1107(a)and <br /> 1108 of the Bankruptcy Code,the Debtors are operating their businesses and managing their affairs <br /> as debtors-in-possess ion. <br /> 6. The Debtors are diversified coal producers focused on coal and energy related <br /> assets and activities. The Debtors produce,process and sell high quality coal of various steam and <br /> metallurgical grades from multiple coal producing basins in the United States. Additionally, the <br /> Debtors market steam coal primarily to electric utility companies as fuel for their steam powered <br /> generators. Customers for the Debtors' metallurgical coal are primarily steel and coke producers <br /> who use coal to produce coke, which is used as a raw material in the steel manufacturing process. <br /> The Debtors operate underground and/or surface mines in Ohio, Kentucky, Virginia, and Utah, <br /> with additional assets in West Virginia. <br /> 2 <br />