2021-03-02_GENERAL DOCUMENTS - C1980004 (2)

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Case 1:20-bk-12043 Doc 628 Filed 03/02/21 Entered 03/02/21 11:09:01 Desc Main Document Page 2 of 10 JURISDICTION AND VENUE 1. This Court has jurisdiction over these jointly -administered bankruptcy cases under 28 U.S.C. §§ 157 and 1334, and under the terms of the confirmed Plan. 2. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 3. This matter constitutes a core proceeding under 28 U.S.C. § 157(b)(2)(B). FACTUAL BACKGROUND 4. On July 22, 2020 ("Petition Date"), the Debtors filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code. 5. Prior to the Petition Date, Debtor Rhino Energy LLC ("Rhino') and Caterpillar entered into the following six separate leases ("Caterpillar Leases"), under which Rhino leased the equipment listed below from Caterpillar ("Leased Equipment'): Lease No. Date Year Make Model Description xxx9593 6/8/2018 2018 Caterpillar 777G Off Highway Truck xxx9644 6/8/2018 2018 Caterpillar 777G Off Highway Truck xxx9594 6/8/2018 2018 Caterpillar 777G Off Highway Truck xxx5972 6/8/2018 2018 Caterpillar D10T2 Track Type Tractor xxx8366 6/18/2018 2018 Caterpillar D11T Track Type Tractor xxx6322 10/16/2018 2018 Caterpillar 992K Wheel Loader 6. Each Caterpillar Lease had a 48-month term that had not expired as of the Petition Date and was thus an "unexpired lease" as of that Date under § 365. 7. On the Petition Date, the Debtors filed their Motion for Entry of (I) an Order (A) Approving Bidding and Sale Procedures with Respect to the Sale of Substantially All of the Debtors' Assets, (B) Authorizing the Entry into the Asset Purchase Agreement with the Stalking Horse Bidder and the Granting of Stalking Horse Protections, (C) Scheduling an Auction and Sale 'Unless otherwise indicated, all chapter and section references herein are to the Bankruptcy Code, 11 U.S.C. §§ 101, et seq. 2