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2020-11-03_GENERAL DOCUMENTS - C1980004
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2020-11-03_GENERAL DOCUMENTS - C1980004
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Last modified
11/3/2020 12:24:28 PM
Creation date
11/3/2020 9:29:26 AM
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DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
11/3/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
DRMS
To
Epiq Corpoorate Restructuring, LLC
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
GRM
CMM
CCW
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 498 Filed 10/23/20 Entered 10/23/20 08:57:50 Desc Main <br />Document Page 2 of 5 <br />JURISDICTION <br />1. The United States Bankruptcy Court for the Southern District of Ohio (this <br />"Court") has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. This matter is <br />a core proceeding within the meaning of 28 U.S.C. § 157(b)(2). Venue is proper pursuant to 28 <br />U.S.C. §§ 1408 and 1409. <br />BACKGROUND <br />2. The Debtors commenced these jointly administered chapter 11 cases (the "Chapter <br />I I Cases") by filing voluntary petitions for relief under chapter 11 of title 11 of the United States <br />Code (the `Bankruptcy Code") on July 22, 2020 (the "Petition Date"). A committee of unsecured <br />creditors was appointed in these Chapter 11 Cases on July 30, 2020 (Docket No. 128) (the <br />"Committee") <br />RELIEF REQUESTED <br />3. By this Motion, the Debtors respectfully request, pursuant to section 1121(d) of the <br />Bankruptcy Code, approval of an order whereby: (a) the Filing Exclusivity Period is extended by <br />four (4) months, from November 19, 2020 to and including March 19, 2021, and (b) the Soliciting <br />Exclusivity Period is extended by four (4) months, from January 18, 2021 to and including May <br />18, 2021, without prejudice to the Debtors' right to seek further extensions of the Exclusivity <br />Periods. <br />BASIS FOR RELIEF <br />4. Pursuant to section 1121(b) of the Bankruptcy Code, a debtor has the exclusive <br />right to propose a chapter 11 plan for the first 120 days of a chapter 11 case. 11 U.S.C. § 1121(b). <br />Section 1121(c)(3) of the Bankruptcy Code further extends the period of exclusivity for an <br />additional 60 days, during which the debtor may solicit acceptances of that plan, and no other parry <br />in interest may file a competing plan. 11 U.S.C. § 1121(c)(3). In these Chapter 11 Cases, the <br />2 <br />
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