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Case 1:20-bk-12043 Doc 115 Filed 07/28/20 Entered 07/28/20 14:14:41 Desc Main <br /> Document Page 2 of 8 <br /> JURISDICTION AND VENUE <br /> 1. The Court has jurisdiction over this Application under 28 U.S.C. §§ 157 and 1334. <br /> Venue is proper under 28 U.S.C. §§ 1408 and 1409. This is a core proceeding as defined in 28 <br /> U.S.C. § 157(b)(2). <br /> 2. The statutory bases for the relief requested herein are sections 327(e), 328(a) and <br /> 1107(b) of title 11 of the United States Code (the "Bankruptcy Code"), Rules 2014 and 2016 of <br /> the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), and Rules 2014-1 and <br /> 2016-1 of the Local Rules of the United States Bankruptcy Court for the Southern District of Ohio <br /> (the"Local Rules"). <br /> BACKGROUND <br /> 3. The Debtors commenced these chapter 11 cases(the"Chapter 11 Cases")by filing <br /> voluntary petitions for relief under chapter 11 of the Bankruptcy Code on July 22, 2020 (the <br /> "Petition Date"). The Chapter 11 Cases are being jointly administered under Case No. 20-12043. <br /> Pursuant to sections 1107(a) and 1108 of the Bankruptcy Code, the Debtors are operating their <br /> businesses and managing their affairs as debtors-in-possession. <br /> 4. The factual background relating to the Debtors' commencement of these Chapter <br /> 11 Cases and detail regarding the Debtors' businesses, capital structure, and the circumstances <br /> leading to the Chapter 11 Cases are contained in the Declaration of Richard A. Boone in Support <br /> of First Day Motions of Debtors and Debtors-In-Possession (the"First Day Declaration"). <br /> 5. As described in greater detail in the First Day Declaration, the Debtors are <br /> diversified coal producers focused on coal and energy related assets and activities. The Debtors <br /> produce,process and sell high quality coal of various steam and metallurgical grades from multiple <br /> coal producing basins in the United States. Additionally,the Debtors market steam coal primarily <br /> to electric utility companies as fuel for their steam powered generators. Customers for the Debtors' <br /> 2 <br />