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Ben's Creek Operations WV LLC

COURT
West Virginia Southern Bankruptcy Court
CASE NUMBER
2:2024bk20079
TYPE / CHAPTER
Voluntary / 11

Filed

4-14-24

Updated

4-15-24

Last Checked

5-16-24

Assets

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Liabilities

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Docket

Last Updated
May 16, 2024
Last Entry Filed
May 15, 2024

Docket Entries by Week of Year

There are 132 older docket entries.

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May 7 129 Notice of Appearance and Request for Service filed by Shawn P. George, Counsel for Official Committee of Unsecured Creditors with Certificate of Service. (George, Shawn) (Entered: 05/07/2024)
May 7 130 Order Granting 120 Motion of Alexander E. Gosfield to Appear by Telephone at Hearing Scheduled for May 8, 2024 at 1:30 PM. Transmitted to BNC with Instructions for Mailing. (McNeely, Jessica) (Entered: 05/07/2024)
May 7 131 Notice of Appearance and Request for Service filed by Elizabeth King, Counsel for Ben's Creek Carbon LLC, Ben's Creek Land WV LLC, Ben's Creek Operations WV LLC with Certificate of Service. (King, Elizabeth) (Entered: 05/07/2024)
May 7 132 Order Granting 122 Motion of S. Marc Buchman to Appear by Telephone at Hearing Scheduled for May 8, 2024 at 1:30 PM. Transmitted to BNC with Instructions for Mailing. (McNeely, Jessica) (Entered: 05/07/2024)
May 7 133 Notice of Appearance and Request for Service filed by Joseph G. Bunn, Counsel for McGinty Road Partners. (Bunn, Joseph) (Entered: 05/07/2024)
May 7 134 Objection by U.S. Trustee United States Trustee Re:112 Motion to Obtain Credit or to Refinance or for Post Petition Financing filed by Debtor Ben's Creek Land WV LLC, Debtor Ben's Creek Carbon LLC, Debtor Ben's Creek Operations WV LLC with Certificate of Service. (Collias, Shari) (Entered: 05/07/2024)
May 7 135 Motion by Creditor Align Business Finance, LLC to appear by Telephone at Hearing Scheduled for May 8, 2024 with Certificate of Service. (Attachments: # 1 Proposed Order Order) (Supple, Joe) (Entered: 05/07/2024)
May 7 ENTRY REGARDING HEARINGS: Parties who receive prior Court approval, should use the following teleconference information unless directed otherwise by the Court: 1-877-848-7030; Access Code: 6500181. (McNeely, Jessica) (Entered: 05/07/2024)
May 7 136 Statement of Financial Affairs. (King, Elizabeth) (Entered: 05/07/2024)
May 8 137 Objection by Creditor Mega Highwall Mining LLC Re:112 Motion to Obtain Credit or to Refinance or for Post Petition Financing filed by Debtor Ben's Creek Land WV LLC, Debtor Ben's Creek Carbon LLC, Debtor Ben's Creek Operations WV LLC with Certificate of Service. (Ellis, Sarah) (Entered: 05/08/2024)
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May 9 148 Order Authorizing Debtors to (I) Pay Prepetition Employee Wages, Salaries, and Other Compensation; (II) Pay Prepetition Tax and Other Withholdings to Third Parties; and (III) Granting Related Relief. Related Document: 16 Motion Filed by Debtor Ben's Creek Operations WV LLC to Authorize (I) Payments of Prepetition Employee Wages, Salaries, and Other Compensation; (II) Payment of Prepetition Tax and Other Withholdings to Third Parties; and (III) Granting Related Relief. Transmitted to BNC with Instructions for Mailing. (McNeely, Jessica) (Entered: 05/09/2024)
May 9 149 Interim Order (A) Authorizing Debtors and Debtors in Possession to Obtain Superpriority Postpetition Financing with Avani Resources Pte Ltd, (B) Granting Liens and Superpriority Claims, (C) Modifying the Automatic Stay, (D) Scheduling a Final Hearing, and (E) Denying Debtors' Motion to Obtain Postpetition Financing from Integrity Coal Sales. Final Hearing Scheduled for 6/6/2024 at 01:30 PM at Bankruptcy Courtroom, Room 6200 Charleston. Related Documents: 40 Motion filed by Debtor Ben's Creek Operations WV LLC for Approval of Superpriority Postpetition Financing, Granting Liens and Superpriority Claims, Modifying the Automatic Stay, Scheduling a Final Hearing from Avani Resources Pte, Ltd; 112 Motion filed by Debtors Ben's Creek Carbon LLC, Ben's Creek Land WV LLC, Ben's Creek Operations WV LLC for Approval of Post-Petition Financing from Integrity Coal Sales, Inc. Transmitted to BNC with Instructions for Mailing. (McNeely, Jessica) (Entered: 05/09/2024)
May 10 150 BNC Certificate of Mailing - PDF Document. Related Document: 132 Order on Motion to Appear by Telephone. Notice Date 05/09/2024. (Admin.) (Entered: 05/10/2024)
May 10 151 Hearing held. 16 Motion Filed by Debtor Ben's Creek Operations WV LLC to Authorize (I) Payments of Prepetition Employee Wages, Salaries, and Other Compensation; (II) Payment of Prepetition Tax and Other Withholdings to Third Parties; and (III) Granting Related Relief - Granted, 24 Application by Debtor Ben's Creek Operations WV LLC to Employ Flaherty Sensabaugh Bonasso PLLC as Counsel - Granted, 40 Motion filed by Debtor Ben's Creek Operations WV LLC for Approval of Superpriority Postpetition Financing, Granting Liens and Superpriority Claims, Modifying the Automatic Stay, Scheduling a Final Hearing from Avani Resources Pte, Ltd - Interim Order Granting; Continued to Final Hearing on June 6, 2024 at 1:30 p.m., 112 Motion filed by Debtors Ben's Creek Carbon LLC, Ben's Creek Land WV LLC, Ben's Creek Operations WV LLC for Approval of Post-Petition Financing from Integrity Coal Sales, Inc. - Denied. (McNeely, Jessica) Additional attachment(s) added on 5/10/2024 (McNeely, Jessica). (Entered: 05/10/2024)
May 11 152 BNC Certificate of Mailing - PDF Document. Related Document: 139 Order on Motion to Appear by Telephone. Notice Date 05/10/2024. (Admin.) (Entered: 05/11/2024)
May 12 153 BNC Certificate of Mailing - PDF Document. Related Document: 147 Order on Application to Employ. Notice Date 05/11/2024. (Admin.) (Entered: 05/12/2024)
May 12 154 BNC Certificate of Mailing - PDF Document. Related Document: 148 Order (Misc. Relief). Notice Date 05/11/2024. (Admin.) (Entered: 05/12/2024)
May 12 155 BNC Certificate of Mailing - PDF Document. Related Document: 149 Order Setting Final Hearing. Notice Date 05/11/2024. (Admin.) (Entered: 05/12/2024)
May 13 156 Motion by Debtor Ben's Creek Operations WV LLC to Reject Employment Termination Agreement with Adam Wilson with Notice of Motion and with Certificate of Service. Objections Due: 6/27/2024 (Attachments: # 1 Proposed Order # 2 Notice # 3 Exhibit) (Lane, James) (Entered: 05/13/2024)
May 13 157 Notice of Appearance and Request for Service filed by James R Christie I, Counsel for Adam Wilson. (Christie, James) (Entered: 05/13/2024)

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Case Information

Court
West Virginia Southern Bankruptcy Court
Case number
2:2024bk20079
Assets
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Liabilities
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Judge
B. McKay Mignault
Chapter
11
Filed
Apr 14, 2024
Type
voluntary
Updated
Apr 15, 2024
Last checked
May 16, 2024

Creditors

Subscribe now or purchase this single case to see the full creditors list.
Acculab, Inc.
Allegiance Capital. LLC
American Funds
Anderson Equipment Company
Appalachian Aggregates, LLC
Appalachian Power
Asset Protection Solutions LLC
Austin Powder Company
Avani Resources PTE LTD
Bear's Septic System & Service, LLC
Bear's Septic System & Service, LLC
Bear's Septic System & Service, LLC
Bear's Septic System & Service, LLC
Bear's Septic System & Service, LLC
Bear's Septic System & Service, LLC
There are 165 more creditors. Subscribe now or purchase this single case to see the full creditors list.

Parties

Debtor

Ben's Creek Operations WV LLC
109 Capitol Street, Suite 1000
Charleston, WV 25301
KANAWHA-WV
Tax ID / EIN: xx-xxx2086

Represented By

Elizabeth King
Flaherty Sensabaugh Bonasso PPLC
200 Capitol Street
Charleston, WV 25301
304-345-0200
Fax : 304-345-0260
Email: eking@flahertylegal.com
James W. Lane, Jr.
Flaherty Sensabaugh Bonasso
200 Capital Street
PO Box 3843
Charleston, WV 25301
(304) 205-6373
Fax : (304) 345-0260
Email: jlane@flahertylegal.com

Debtor

Ben's Creek Land WV LLC
109 Capitol Street, Suite 1000
Charleston, WV 25301
KANAWHA-WV
Tax ID / EIN: xx-xxx1866

Represented By

Elizabeth King
(See above for address)
James W. Lane, Jr.
(See above for address)

Debtor

Ben's Creek Carbon LLC
109 Capitol Street, Suite 1000
Charleston, WV 25301
KANAWHA-WV
Tax ID / EIN: xx-xxx1360

Represented By

Elizabeth King
(See above for address)
James W. Lane, Jr.
(See above for address)

U.S. Trustee

United States Trustee
2025 Robert C. Byrd U.S. Courthouse
300 Virginia Street, East
Charleston, WV 25301
(304) 347-3400

Represented By

Shari Collias
United States Trustees Office
300 Virginia Street East
Charleston, WV 25301
Email: Shari.Collias@usdoj.gov

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