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61-623: The 2009 takeover of Foundation Coal provided Alpha Natural Resources with the ability to directly access the Cumberland Mine Railroad and to rail transport coal in Pennsylvania. In 2014, Alpha Natural Resources settled on a $ 27.5 million fine and $ 200 million to reduce illegal toxic discharges into hundreds of waterways across five Appalachian states. According to the EPA it was the largest environmental fine ever made against

122-455: A methane leak . The corporate takeover of Massey Energy was completed in June 2011 after shareholders of both companies voted for the merger. 99% of Massey shareholders voted for the deal (77% of them voted), while 98% of Alpha's shareholders supported it (83% of them voted). Alpha secured $ 3.3 billion in financing for the takeover from Citigroup and JPMorgan Chase . The combined entity will be

183-734: A 2005 study claimed the drop may have been due to an increase in the incorrect classification of many bankruptcies as "consumer cases" rather than "business cases". Cases involving more than US$ 50 million in assets are almost always handled in federal bankruptcy court, and not in bankruptcy-like state proceeding. The largest bankruptcy in history was of the US investment bank Lehman Brothers Holdings Inc., which listed $ 639 billion in assets as of its Chapter 11 filing in 2008. The 16 largest corporate bankruptcies as of December 13, 2011 Enron, Lehman Brothers, MF Global and Refco have all ceased operations while others were acquired by other buyers or emerged as

244-403: A bankruptcy plan. The debtor in possession typically has the first opportunity to propose a plan during the period of exclusivity. This period allows the debtor 120 days from the date of filing for chapter 11 to propose a plan of reorganization before any other party in interest may propose a plan. If the debtor proposes a plan within the 120-day exclusivity period, a 180-day exclusivity period from

305-423: A business is unable to service its debt or pay its creditors , the business or its creditors can file with a federal bankruptcy court for protection under either Chapter 7 or Chapter 11. In Chapter 7, the business ceases operations, a trustee sells all of its assets, and then distributes the proceeds to its creditors. Any residual amount is returned to the owners of the company. In Chapter 11, in most instances

366-456: A coal company: "This is the largest one, period. It's the biggest case for permit violations for numbers of violations and size of the penalty, which reflects the seriousness of violations." Alpha Natural Resources was established in 2002 by management (original CEO Michael Quillen played a major role) and First Reserve Stockholders (though it officially incorporated in November 2004). Around

427-422: A disclosure statement must be approved by the bankruptcy court. Once the disclosure statement is approved, the plan proponent will solicit votes from the classes of creditors. Solicitation is the process by which creditors vote on the proposed confirmation plan. This process can be complicated if creditors fail or refuse to vote. In which case, the plan proponent might tailor his or her efforts in obtaining votes, or

488-507: A higher price for divisions or other assets than a chapter 7 liquidation would be likely to achieve. Section 362(d) of the Bankruptcy Code allows the court to terminate, annul, or modify the continuation of the automatic stay as may be necessary or appropriate to balance the competing interests of the debtor, its estate, creditors, and other parties in interest and grants the bankruptcy court considerable flexibility to tailor relief to

549-407: A large role in many proceedings. Chapter 11 usually results in reorganization of the debtor's business or personal assets and debts, but can also be used as a mechanism for liquidation. Debtors may "emerge" from a chapter 11 bankruptcy within a few months or within several years, depending on the size and complexity of the bankruptcy. The Bankruptcy Code accomplishes this objective through the use of

610-399: A plan cannot be confirmed, the court may either convert the case to a liquidation under chapter 7, or, if in the best interests of the creditors and the estate, the case may be dismissed resulting in a return to the status quo before bankruptcy. If the case is dismissed, creditors will look to non-bankruptcy law in order to satisfy their claims. In order to proceed to the confirmation hearing,

671-583: A process through which some of the debtor corporation's debts may be discharged. Determinations as to which debts are discharged, and how equity and other entitlements are distributed to various groups of investors, are often based on a valuation of the reorganized business. Bankruptcy valuation is often highly contentious because it is both subjective and important to case outcomes. The methods of valuation used in bankruptcy have changed over time, generally tracking methods used in investment banking, Delaware corporate law, and corporate and academic finance, but with

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732-404: A profit. The trustee or debtor-in-possession normally rejects a contract or lease to transform damage claims arising from the nonperformance of those obligations into a prepetition claim. In some situations, rejection can also limit the damages that a contract counterparty can claim against the debtor. Chapter 11 follows the same priority scheme as other bankruptcy chapters. The priority structure

793-535: A secured party with an interest in an aircraft the ability to take possession of the equipment within 60 days after a bankruptcy filing unless the airline cures all defaults. More specifically, the right of the lender to take possession of the secured equipment is not hampered by the automatic stay provisions of the Bankruptcy Code. In August 2019, the Small Business Reorganization Act of 2019 ("SBRA") added Subchapter V to Chapter 11 of

854-481: A significant time lag. Chapter 11 retains many of the features present in all, or most, bankruptcy proceedings in the United States. It provides additional tools for debtors as well. Most importantly, 11 U.S.C.   § 1108 empowers the trustee to operate the debtor's business. In Chapter 11, unless a separate trustee is appointed for cause, the debtor, as debtor in possession, acts as trustee of

915-574: A source of steam coal for export to Canada. Subsequently, the mine and railroad have changed hands several times. As of January 2021 they are owned by Iron Senergy Holding LLC, and this coal is being consumed by domestic power plants. The tracks extend 17 miles from the preparation plant (located about 2 miles west of Kirby ) to the Alicia Dock barge-loading facility on the Monongahela River north of Greensboro . The barges deliver

976-420: A spouse or parent. Further, creditors may file with the court seeking relief from the automatic stay. If the business is insolvent , its debts exceed its assets and the business is unable to pay debts as they come due, the bankruptcy restructuring may result in the company's owners being left with nothing; instead, the owners' rights and interests are ended and the company's creditors are left with ownership of

1037-565: A successful reorganization and retain control of the business and increase oversight and ensure a quick reorganization. A Subchapter V case contrasts from a traditional Chapter 11 in several key aspects: it is earmarked only for the "small business debtor" (as defined by the Bankruptcy Code), so, only a debtor can file a plan of reorganization . The SBRA requires the U.S. Trustee appoint a "subchapter V trustee" to every Subchapter V case to supervise and control estate funds, and facilitate

1098-460: A takeover target after suffering large income losses and negative publicity following an explosion at West Virginia's Upper Big Branch mine that killed 29 employees. Direct costs related to the incident amounted to $ 128.9 million. Federal regulators and the Mine Safety and Health Administration blamed the explosion on Massey's poor practices; however, the company contested the findings, citing

1159-466: A tool for escaping labor contracts, usually 30–35% of an airline's operating cost. Every major US airline has filed for Chapter 11 since 2002. In the space of 2 years (2002–2004) US Airways filed for bankruptcy twice leaving the AFL–CIO , pilot unions and other airline employees claiming the rules of Chapter 11 have helped turn the United States into a corporatocracy . The trustee or debtor-in-possession

1220-421: Is available to every business , whether organized as a corporation , partnership or sole proprietorship , and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides a reorganization process for the majority of private individuals. When

1281-399: Is defined primarily by § 507 of the Bankruptcy Code ( 11 U.S.C.   § 507 ). As a general rule, administrative expenses (the actual, necessary expenses of preserving the bankruptcy estate, including expenses such as employee wages, and the cost of litigating the chapter 11 case) are paid first. Secured creditors —creditors who have a security interest , or collateral , in

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1342-442: Is given the right, under § 365 of the Bankruptcy Code, subject to court approval, to assume or reject executory contracts and unexpired leases. The trustee or debtor-in-possession must assume or reject an executory contract in its entirety, unless some portion of it is severable. The trustee or debtor-in-possession normally assumes a contract or lease if it is needed to operate the reorganized business or if it can be assigned or sold at

1403-574: Is one of the company's two land restoration projects. The project was featured on the Discovery Channel . Cumberland Mine Railroad The Cumberland Mine Railroad is a private carrier mine railroad serving the Cumberland Coal Resources mine near Waynesburg, Pennsylvania . Operations on the mine and associated railroad began in November 1976. The line was originally developed by United States Steel as

1464-469: Is the airline industry in the United States; in 2006 over half the industry's seating capacity was on airlines that were in Chapter 11. These airlines were able to stop making debt payments, break their previously agreed upon labor union contracts, freeing up cash to expand routes or weather a price war against competitors — all with the bankruptcy court's approval. Studies on the impact of forestalling

1525-589: Is the max amount capable of fitting in the loading/unloading facilities) leased and owned coal cars , often with two locomotives operating in "push-pull" mode. Chapter 11, Title 11, United States Code Chapter 11 of the United States Bankruptcy Code ( Title 11 of the United States Code ) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy ,

1586-511: The United States Trustee , can request the court convert the case into a liquidation under chapter 7, or appoint a trustee to manage the debtor's business. The court will grant a motion to convert to chapter 7 or appoint a trustee if either of these actions is in the best interest of all creditors. Sometimes a company will liquidate under chapter 11 (perhaps in a 363 sale), in which the pre-existing management may be able to help get

1647-733: The Wyoming Department of Environmental Quality agreed to accept $ 61 million in place of the firm's $ 411 million in self-bonding liability to the state. In West Virginia, Alpha's bankruptcy plan is to offer $ 240 million in collateral for its self-bonding liabilities and to continue holding $ 100 million in liability without collateral. The plan would commit $ 209 million to reclamation in Illinois, Kentucky, Tennessee, Virginia, and West Virginia. Bankruptcy negotiations are complicated by large hedge funds, such as Highbridge Capital Management and Davidson Kempner Capital Management , who own both

1708-482: The Bankruptcy Code. Subchapter V, which took effect in February 2020, is reserved exclusively for the small business debtor with the purpose of expediting bankruptcy procedure and economically resolving small business bankruptcy cases. Subchapter V retains many of the advantages of a traditional Chapter 11 case without the unnecessary procedural burdens and costs. It seeks to increase the debtor's ability to negotiate

1769-416: The EPA, it was the largest environmental fine ever made against a coal company: "This is the largest one, period. It's the biggest case for permit violations for numbers of violations and size of the penalty, which reflects the seriousness of violations." The firm suffered four years of losses, laid off 4,000 workers, and closed all but 50 mines. Due to its "abnormally low" stock price, Alpha was delisted from

1830-529: The NYSE on July 16, 2015. With debts of $ 3 billion dating from its acquisition of Massey Energy for $ 7.1 billion in 2011 the firm filed for Chapter 11 bankruptcy on August 3, 2015. Alpha had used more than $ 1 billion in "self-bonding" to guarantee it could pay for its mine reclamation obligations under the Surface Mining Control and Reclamation Act of 1977 . After the firm declared bankruptcy,

1891-412: The business. Chapter 11 affords the debtor in possession a number of mechanisms to restructure its business. A debtor in possession can acquire financing and loans on favorable terms by giving new lenders first priority on the business's earnings. The court may also permit the debtor in possession to reject and cancel contracts. Debtors are also protected from other litigation against the business through

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1952-423: The chances of a successful outcome and sufficient debtor-in-possession financing may be unavailable during an economic recession. A preplanned, pre-agreed approach between the debtor and its creditors (sometimes called a pre-packaged bankruptcy ) may facilitate the desired result. A company undergoing Chapter 11 reorganization is effectively operating under the "protection" of the court until it emerges. An example

2013-472: The company's debt and liens on Alpha's operating cash. On July 26, 2016, the company successfully emerged from bankruptcy as a privately held company. Only about 40% of coal is produced directly by the company, and 60% comes from subsidiaries. Three-fourths of the company's 60 mines are underground operations. In 2008 the biggest source of coal production, the Powder River Basin (53% = 49.2mt),

2074-493: The company's presence in Wyoming. Although acquisitions helped Alpha expand rapidly since its founding in 2002, it also burdened it with debt ($ 185.6 million in 2004, $ 754.15 December 31, 2010). On January 31, 2011 Alpha acquired coal producer Massey Energy for US$ 7.1 billion, completed in June 2011, creating the second biggest coal miner by market capitalization. The merged company (54% owned by Alpha Natural Resources) would be

2135-497: The creditors' rights to enforce their security reach different conclusions. Chapter 11 cases dropped by 60% from 1991 to 2003. One 2007 study found this was because businesses were turning to bankruptcy-like proceedings under state law, rather than the federal bankruptcy proceedings, including those under chapter 11. Insolvency proceedings under state law, the study stated, are currently faster, less expensive, and more private, with some states not even requiring court filings. However,

2196-404: The date of filing for chapter 11 is granted in order to allow the debtor to gain confirmation of the proposed plan. With some exceptions, the plan may be proposed by any party in interest. Interested creditors then vote for a plan. If the judge approves the reorganization plan and the creditors all agree, then the plan can be confirmed. If at least one class of creditors objects and votes against

2257-444: The debtor does file a plan within the first 120 days, the exclusivity period is extended to 180 days after the order for relief for the debtor to seek acceptance of the plan by holders of claims and interests. If the judge approves the reorganization plan and the creditors all "agree", then the plan can be confirmed. §1129 of the Bankruptcy Code requires the bankruptcy court reach certain conclusions prior to "confirming" or "approving"

2318-430: The debtor remains in control of its business operations as a debtor in possession , and is subject to the oversight and jurisdiction of the court. A Chapter 11 bankruptcy will result in one of three outcomes for the debtor: reorganization, conversion to Chapter 7 bankruptcy, or dismissal. In order for a Chapter 11 debtor to reorganize, the debtor must file (and the court must confirm) a plan of reorganization. In effect,

2379-433: The debtor will be able to pay most administrative and priority claims (priority claims over unsecured claims ) on the effective date. Like other forms of bankruptcy, petitions filed under chapter 11 invoke the automatic stay of § 362. The automatic stay requires all creditors to cease collection attempts, and makes many post-petition debt collection efforts void or voidable. Under some circumstances, some creditors, or

2440-422: The debtor's property—will be paid before unsecured creditors. Unsecured creditors' claims are prioritized by § 507. For instance the claims of suppliers of products or employees of a company may be paid before other unsecured creditors are paid. Each priority level must be paid in full before the next lower priority level may receive payment. Section 1110 ( 11 U.S.C.   § 1110 ) generally provides

2501-537: The development of a consensual plan. It also eliminates automatic appointment of an official committee of unsecured creditors and abolishes quarterly fees usually paid to the U.S. Trustee throughout the case. Most notably, Subchapter V allows the small business owner to retain their equity in the business so long as the reorganization plan does not discriminate unfairly and is fair and equitable with respect to each class of claims or interests. The reorganization and court process may take an inordinate amount of time, limiting

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2562-410: The exigencies of the circumstances. Relief from the automatic stay is generally sought by motion and, if opposed, is treated as a contested matter under Bankruptcy Rule 9014. A party seeking relief from the automatic stay must also pay the filing fee required by 28 U.S.C.A. § 1930(b). In the new millennium, airlines have fallen under intense scrutiny for what many see as abusing Chapter 11 bankruptcy as

2623-428: The imposition of an automatic stay . While the automatic stay is in place, creditors are stayed from any collection attempts or activities against the debtor in possession, and most litigation against the debtor is stayed, or put on hold, until it can be resolved in bankruptcy court, or resumed in its original venue. An example of proceedings that are not necessarily stayed automatically are family law proceedings against

2684-498: The largest fine for a mine accident in US history. On September 18, 2012, Alpha announced a plan to idle eight coal mines and to lay off 800 employees before the November 2012 federal elections in the United States. The plan would reduce Alpha's yearly coal production by ~16 million tons and reduce costs by $ 150 million. In 2014, Alpha settled on a $ 27.5 million fine and $ 200 million to reduce illegal toxic discharges into hundreds of waterways across five Appalachian states. According to

2745-494: The leading producer of metallurgical coal in the US and have the second largest reserves of coal (5.1 billion tons). Merging operations with Massey is estimated to reduce combined operating costs by $ 150 million. 7,000 of the 14,000 employees are in West Virginia. In 2010, demand for thermal coal rose while metallurgical coal demand was flat; it made up only 14% of coal sales, down from 17% in 2009. Massey Energy had become

2806-694: The loads to the Norfolk Southern at East Millsboro . It is an isolated railroad, not connected to the North American railroad network. Rolling stock was delivered by the Norfolk Southern to a siding in Poland Mines, and then taken by truck and trailer to the railroad's dockside terminus near Masontown . One EMD SD-40 and two SD38-2 locomotives comprise the power roster. Most trips convey roughly 35 to 38 (38 cars

2867-516: The merger the number of mines reached 110-150. Notable ones include Belle Ayr Mine and Eagle Butte Mine (both in Wyoming). In Coal River East, Kingston Mining, located in Kingston, West Virginia, has some of the world's most sought-after met coal. Currently, Alpha affiliates operate approximately 60 mines and 22 prep plants. Black Bear Surface Mines was previously operated, but more recently

2928-426: The newly reorganized company. All creditors are entitled to be heard by the court. The court is ultimately responsible for determining whether the proposed plan of reorganization complies with bankruptcy laws. One controversy that has broken out in bankruptcy courts concerns the proper amount of disclosure that the court and other parties are entitled to receive from the members of the creditor's committees that play

2989-488: The plan and making it binding on all parties in the case, most notably that the plan complies with applicable law and was proposed in good faith. The court must also find that the reorganization plan is feasible in that, unless the plan provides otherwise, the plan is not likely to be followed by further reorganization or liquidation. In a Chapter 11 bankruptcy, the debtor corporation is typically recapitalized so that it emerges from bankruptcy with more equity and less debt,

3050-405: The plan and making it binding on all parties in the case. Most importantly, the bankruptcy court must find the plan (a) complies with applicable law, and (b) has been proposed in good faith. Furthermore, the court must determine whether the plan is "feasible, " in other words, the court must safeguard that confirming the plan will not yield to liquidation down the road. The plan must ensure that

3111-425: The plan is a compromise between the major stakeholders in the case, including the debtor and its creditors. Most Chapter 11 cases aim to confirm a plan, but that may not always be possible. If the judge approves the reorganization plan and the creditors all agree, then the plan can be confirmed. Section 1129 of the Bankruptcy Code requires the bankruptcy court reach certain conclusions prior to confirming or approving

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3172-419: The plan is a compromise between the major stakeholders in the case, including, but not limited to the debtor and its creditors. Most chapter 11 cases aim to confirm a plan, but that may not always be possible. Section 1121(b) of the Bankruptcy Code provides for an exclusivity period in which only the debtor may file a plan of reorganization. This period lasts 120 days after the date of the order for relief, and if

3233-412: The plan itself. The plan may be modified before confirmation, so long as the modified plan meets all the requirements of Chapter 11. A chapter 11 case typically results in one of three outcomes: a reorganization; a conversion into chapter 7 liquidation, or it is dismissed. In order for a chapter 11 debtor to reorganize, they must file (and the court must confirm) a plan of reorganization. Simply put,

3294-411: The plan, it may nonetheless be confirmed if the requirements of cramdown are met. In order to be confirmed over the creditors' objection, the plan must not discriminate against that class of creditors, and the plan must be found fair and equitable to that class. Upon confirmation, the plan becomes binding and identifies the treatment of debts and operations of the business for the duration of the plan. If

3355-490: The ratio has since become much smaller (as of 2010, coal has tripled in price to $ 4.63/mil BTU while gas is still at $ 5.189). (Natural gas is used as an alternative to thermal coal in electricity production.) The takeover of Foundation Coal was a reverse takeover , in that Foundation Coal was the company left standing and it was immediately renamed Alpha Natural Resources. Foundation Coal added 7.5 million tons of annual coal shipments to its Eastern Coal operations, and expanded

3416-572: The result of two mergers, one in July 2009 ( Foundation Coal and Alpha Natural Resources, Inc.) and another in January 2011 (US$ 7.1 billion acquisition of Massey Energy). Alpha Natural Resources filed for an IPO during December 2004 in an attempt to raise US$ 250 million to repay debt (strong coal prices also affected the timing of this). At the time, coal was selling for about a quarter of the price of natural gas ($ 1.5 versus $ 5.0 per million BTU); however,

3477-430: The same time it made its first major acquisition, The Brink's Company 's Virginian coal business, for $ 62.9 million (Virginia is currently a significant source of primary production). Immediately after that it took over Coastal Coal Company (January 2003), followed by American Metals and Coal International's coal business (March) and Mears Enterprises, Inc (November). Alpha Metallurgical Resources exists today primarily as

3538-420: The world's number three producer of metallurgical coal, behind BHP and Teck Resources . Alpha settled Massey's Upper Big Branch Mine disaster liabilities with the U.S. Attorney for $ 209 million on December 6, 2011. The settlement included $ 41.5 million to the survivors and families of the deceased. The Mine Safety and Health Administration additionally assessed a $ 10.8 million fine for 369 citations and orders,

3599-576: Was 11.88 million tons or 14% of total production). In its last annual report (2009) Massey Energy reported coal sales of 38 million tons (ranking sixth in the US), compared to 84.8 million tons sold by Alpha Natural Resources in 2010. In the fourth quarter of 2010 Massey Energy had a coal shipment shortfall of 1.4 million tons, half of which was due to rail problems, and the other half a result of misproduction. Alpha's corporate office building in Bristol, Virginia

3660-423: Was home to only 32% of coal reserves (behind U.S. Northern Appalachia (35% = 800mt) and Central Appalachia (32%, thermal coal). After the merger with Massey, the company controlled 150 coal mines and 40 preparation plants, which was up significantly from the 65 mines under its control at the end of 2007. For 2011, Massey expected to ship 10 to 14 million tons of metallurgical coal, about the same as Alpha (in 2010 this

3721-457: Was reportedly sold in February 2015 for $ 28 million to One Alpha Place LLC, registered in Delaware and owned by the publicly traded Kuwait Petroleum Corporation . The deal will apparently have no impact on the building's sole tenant (Alpha), which at the time had 22 years remaining on a 25-year lease. Before the merger with Massey Energy, Alpha had over 60 active mines in four US states. After

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