Case number: 2:24-bk-20079 - Ben's Creek Operations WV LLC and Ben's Creek Land WV LLC - West Virginia Southern Bankruptcy Court

Case Information
  • Case title

    Ben's Creek Operations WV LLC and Ben's Creek Land WV LLC

  • Court

    West Virginia Southern (wvsbke)

  • Chapter

    11

  • Judge

    David L. Bissett

  • Filed

    04/14/2024

  • Last Filing

    04/30/2024

  • Asset

    Yes

  • Vol

    v

Docket Header
ASSIGNED, DsclsDue, PlnDue, VENUE-CHAS, CORP/PTNR, JNTADMN, JointAdm-Lead



U.S. Bankruptcy Court
Southern District of West Virginia (Charleston)
Bankruptcy Petition #: 2:24-bk-20079

Assigned to: David L. Bissett
Chapter 11
Voluntary
Asset


Date filed:  04/14/2024
341 meeting:  05/30/2024
Deadline for filing claims:  08/28/2024
Deadline for objecting to discharge:  07/29/2024

Debtor

Ben's Creek Operations WV LLC

109 Capitol Street, Suite 1000
Charleston, WV 25301
KANAWHA-WV
Tax ID / EIN: 81-3932086

represented by
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: 81-3931866

represented by
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: 85-3471360

represented by
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

Latest Dockets

Date Filed#Docket Text
04/30/202486Request for Notices Under BR 2002(g) Filed by Creditor Pennsylvania Insurance Company (Thompson, Stephen) (Entered: 04/30/2024)
04/30/202485Request for Notices Under BR 2002(g) Filed by Creditor Pennsylvania Insurance Company (Thompson, Stephen) (Entered: 04/30/2024)
04/30/202484Notice of Deficient Filing. 75 Request for Notices Under BR 2002(g) filed by Creditor Pennsylvania Insurance Company is deficient as it includes an appearance for Stephen L. Thompson of Barth & Thompson as well as Jeffrey S. Price, S. Marc Buchman, and Manier & Herod, P.C. Separate Notices of Appearance will need to be filed for each firm appearing on behalf of a party. Transmitted to BNC with Instructions for Mailing. (McNeely, Jessica) (Entered: 04/30/2024)
04/30/202483Reply by Mohammed Iqbal to 73 Response Filed by Debtor Ben's Creek Operations WV LLC. (McNeely, Jessica) (Entered: 04/30/2024)
04/30/202481Notice of Appearance and Request for Service filed by Eric M. Wilson, Counsel for West Virginia State Tax Department. (Wilson, Eric) (Entered: 04/30/2024)
04/30/202480Order Granting 79 Motion to Expedite Hearing. Hearing scheduled for 5/1/2024 at 09:00 AM at Telephone Conference (Bissett). Re: 78 Motion to Use Cash Collateral filed by Debtor Ben's Creek Operations WV LLC. Transmitted to BNC with Instructions for Mailing. (McNeely, Jessica) (Entered: 04/30/2024)
04/29/202482Hearing held; matters continued to a later date. Mr. Lane to file a motion to use cash collateral. Related Documents: 40 Motion to Obtain Credit or to Refinance or for Post Petition Financing filed by Debtor Ben's Creek Operations WV LLC, 46 Motion to Extend/Shorten Time filed by Debtor Ben's Creek Operations WV LLC, 56 Objection filed by Creditor Integrity Coal Sales Inc, 57 Objection, 60 Objection filed by Creditor Caterpillar Financial Services Corporation, 64 Objection filed by U.S. Trustee United States Trustee, 69 Objection filed by Creditor Align Business Finance, LLC, 73 Response filed by Debtor Ben's Creek Operations WV LLC, 74 Objection filed by Creditor Pennsylvania Insurance Company. (McNeely, Jessica) Additional attachment(s) added on 4/30/2024 (McNeely, Jessica). (Entered: 04/30/2024)
04/29/202479Motion by Debtor Ben's Creek Operations WV LLC to Expedite Hearing Re: 78 Motion to Use Cash Collateral. (Attachments: # 1 Proposed Order) (Lane, James) (Entered: 04/29/2024)
04/29/202478Motion filed by Debtor Ben's Creek Operations WV LLC to Use Cash Collateral . (Attachments: # 1 Exhibit A - Budget for Debtors' Use of Cash Collateral # 2 Exhibit B - Amended Loan Instrument and Security Agreement # 3 Proposed Order) (Lane, James) (Entered: 04/29/2024)
04/29/202477Notice of Appearance and Request for Service filed by Christopher Etheredge, Counsel for McGinty Road Partners. (Etheredge, Christopher) (Entered: 04/29/2024)