2020-07-28_GENERAL DOCUMENTS - C1980004

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Case 1:20-bk-12043 Doc 109 Filed 07/27/20 Entered 07/27/20 15:11:53 Desc Main Document Page 2 of 8 A. Boone in Support of First Day Motions of Debtors and Debtors-in-Possession (Docket No. 3, the "Boone Declaration"). In further support of this Application, the Debtors submit as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over this Application under 28 U.S.C. §§ 157 and 1334. Venue is proper under 28 U.S.C. §§ 1408 and 1409. This is a core proceeding as defined in 28 U.S.C. § 157(b)(2). Venue is proper in this District pursuant to 28 U.S.C. §§ 1408 and 1409. 2. The statutory bases for the relief requested herein are sections 327, 328 and 1107(b) of title 11 of the Bankruptcy Code, Rules 2014 and 2016 of the Bankruptcy Rules. BACKGROUND 3. The Debtors commenced chapter 11 cases under which they are seeking joint administration (the "Chapter 11 Cases") by filing voluntary petitions for relief under chapter 11 of the Bankruptcy Code on July 22, 2020 (the "Petition Date"). Pursuant to sections 1107(a) and 1108 of the Bankruptcy Code,the Debtors are operating their businesses and managing their affairs as debtors-in-possession. 4. The Debtors are diversified coal producers focused on coal and energy related assets and activities. The Debtors produce,process and sell high quality coal of various steam and metallurgical grades from multiple coal producing basins in the United States. Additionally, the Debtors market steam coal primarily to electric utility companies as fuel for their steam powered generators. Customers for the Debtors' metallurgical coal are primarily steel and coke producers who use coal to produce coke, which is used as a raw material in the steel manufacturing process. The Debtors operate underground and/or surface mines in Ohio, Kentucky, Virginia, and Utah, with additional assets in West Virginia. 2