Document Page 1 of 21 JONES DAY North Point 901 Lakeside Avenue Cleveland, Ohio 44114 Telephone: (216) 586-3939 Facsimile: (216) 579-0212 David G. Heiman (admitted pro hac vice) Carl E. Black (admitted pro hac vice) Thomas A. Wilson (admitted pro hac vice) Attorneys for Reorganized Debtors HUNTON & WILLIAMS LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, Virginia 23219 Telephone: (804) 788-8200 Facsimile: (804) 788-8218 Tyler P. Brown (VSB No. 28072) J.R. Smith (VSB No. 41913) Henry P. (Toby) Long, III (VSB No. 75134) Justin F. Paget (VSB No. 77949) IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION In re: Alpha Natural Resources, Inc., et al., Debtors. Chapter 11 Case No. 15-33896 (KRH) (Jointly Administered) NOTICE OF REORGANIZED DEBTORS' THIRTY SEVENTH OMNIBUS OBJECTION TO CERTAIN CLAIMS (RECLASSIFIED AND/OR REDUCED CLAIMS) PLEASE CAREFULLY REVIEW THE THIRTY SEVENTH OMNIBUS OBJECTION AND ATTACHMENTS THERETO TO DETERMINE WHETHER THE THIRTY SEVENTH OMNIBUS OBJECTION AFFECTS YOUR CLAIM(S) PLEASE TAKE NOTICE that, on May 18 2017, Old ANR, LLC (f/k/a Alpha Natural Resources, Inc.) and its affiliates, as reorganized debtors (collectively, the Reorganized Debtors ) filed the Reorganized Debtors' Thirty Seventh Omnibus Objection to Certain Claims (Reclassified and/or Reduced Claims) (the Objection ), 1 seeking entry of an order (the Proposed Order ) granting the following relief: (a) (i) reclassifying and/or reducing each proof of claim identified on Exhibit A to the Proposed Order (the Reclassified and/or Reduced Claims ) because the Reclassified and/or Reduced Claims incorrectly assert an administrative expense claim under section of the Bankruptcy Code and (ii) allowing each Reclassified and/or Reduced Claim as modified on Exhibit A; and 1 Capitalized terms not otherwise defined herein shall have the meanings given to them in the Objection.
Document Page 2 of 21 (b) (i) reclassifying and/or reducing each proof of claim identified on Exhibit B to the Proposed Order (the Reclassified and/or Reduced Claims ) because the Reorganized Debtors are not liable on the Reclassified and/or Reduced Claims in the priority and/or amount indicated in the Reclassified and/or Reduced Claims and (ii) allowing each Reclassified and/or Reduced Claim as modified on Exhibit B. PLEASE TAKE FURTHER NOTICE that a copy of the Objection may be obtained at no charge at www.kccllc.net/alpharestructuring or for a fee at https://ecf.vaeb.uscourts.gov. PLEASE TAKE FURTHER NOTICE that your rights may be affected. You should read the Objection carefully and discuss it with your attorney, if you have one in the chapter 11 cases. If you do not have an attorney, you may wish to consult one. PLEASE TAKE FURTHER NOTICE that, on May 3, 2016, the Court entered the Order (I) Authorizing and Establishing Procedures for Objecting to Claims and (II) Granting Relief from Certain Limitations of Bankruptcy Rule 3007 and Local Bankruptcy Rule 3007-1 (Docket No. 2303) (the Claims Objection Procedures Order ), which, among other things, prescribes the manner in which responses must be filed and served and sets forth when certain hearings will be conducted. A copy of the Claims Objection Procedures Order may be obtained at no charge at www.kccllc.net/alpharestructuring or for a fee at https://ecf.vaeb.uscourts.gov. PLEASE TAKE FURTHER NOTICE that if you do not want the Court to grant the relief requested in the Objection, or if you want the Court to consider your views on the relief requested therein, then, on or before June 8, 2017 (the "Response Deadline"), you or your attorney must: File with the Court, either electronically or at the address shown below, a written response to the Objection pursuant to Rule 9013-1(H) of the Local Rules of the United States Bankruptcy Court for the Eastern District of Virginia and the Claims Objection Procedures Order. If you mail your written response to the Court for filing, you must mail it early enough so the Court will receive it on or before the Response Deadline. If a response is not properly and timely filed and served, the Court may deem any opposition waived, treat the Objection as conceded and enter an appropriate order granting the requested relief without further notice or hearing. -2-
Document Page 3 of 21 Clerk of the Court United States Bankruptcy Court 701 East Broad Street Suite 4000 Richmond, VA 23219 In accordance with the Order Establishing Certain Notice, Case Management and Administrative Procedures (Docket No. 111) (the "Case Management Order), you must also serve a copy of your written response on the parties to the Master Service List and the 2002 List and any Affected Entity (as such terms are defined in the Case Management Order) so that the response is received on or before the Response Deadline. A copy of the Case Management Order may be obtained at no charge at www.kccllc.net/alpharestructuring or for a fee at https://ecf.vaeb.uscourts.gov. Attend a hearing before the Honorable Kevin R. Huennekens, United States Bankruptcy Judge, at 1:00 p.m. (prevailing Eastern Time) on June 22, 2017, at the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division, 701 East Broad Street, Room 5000, Richmond, Virginia 23219 (the June Omnibus Hearing ). In accordance with paragraph 2(b) the Claims Objection Procedures Order, unless the Court orders otherwise, the June Omnibus Hearing on the Objection will be an evidentiary hearing. PLEASE TAKE FURTHER NOTICE THAT you should consult the Case Management Procedures before filing any written response. -3-
Document Page 4 of 21 Dated: May 18, 2017 Richmond, Virginia Respectfully submitted, /s/ Henry P. (Toby) Long, III Tyler P. Brown (VSB No. 28072) J.R. Smith (VSB No. 41913) Henry P. (Toby) Long, III (VSB No. 75134) Justin F. Paget (VSB No. 77949) HUNTON & WILLIAMS LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, Virginia 23219 Telephone: (804) 788-8200 Facsimile: (804) 788-8218 David G. Heiman (admitted pro hac vice) Carl E. Black (admitted pro hac vice) Thomas A. Wilson (admitted pro hac vice) JONES DAY North Point 901 Lakeside Avenue Cleveland, Ohio 44114 Telephone: (216) 586-3939 Facsimile: (216) 579-0212 ATTORNEYS FOR REORGANIZED DEBTORS -4-
Document Page 5 of 21 JONES DAY North Point 901 Lakeside Avenue Cleveland, Ohio 44114 Telephone: (216) 586-3939 Facsimile: (216) 579-0212 David G. Heiman (admitted pro hac vice) Carl E. Black (admitted pro hac vice) Thomas A. Wilson (admitted pro hac vice) Attorneys for Reorganized Debtors HUNTON & WILLIAMS LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, Virginia 23219 Telephone: (804) 788-8200 Facsimile: (804) 788-8218 Tyler P. Brown (VSB No. 28072) J.R. Smith (VSB No. 41913) Henry P. (Toby) Long, III (VSB No. 75134) Justin F. Paget (VSB No. 77949) IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION In re: Alpha Natural Resources, Inc., et al., Debtors. Chapter 11 Case No. 15-33896 (KRH) (Jointly Administered) REORGANIZED DEBTORS' THIRTY SEVENTH OMNIBUS OBJECTION TO CERTAIN CLAIMS (RECLASSIFIED AND/OR REDUCED CLAIMS) YOUR SUBSTANTIVE RIGHTS MAY BE AFFECTED BY THIS OBJECTION AND BY ANY FURTHER OBJECTION THAT MAY BE FILED AGAINST YOUR CLAIM(S). PARTIES RECEIVING THIS OBJECTION SHOULD LOCATE THEIR NAMES AND THEIR CLAIMS ON EXHIBITS A AND/OR B TO THE PROPOSED ORDER, ATTACHED HERETO AS EXHIBIT 1. Old ANR, LLC (f/k/a Alpha Natural Resources, Inc.) and its affiliates, as reorganized debtors (collectively, the Reorganized Debtors ), respectfully represent as follows:
Document Page 6 of 21 Jurisdiction 1. This Court has subject matter jurisdiction to consider this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. Background 2. On August 3, 2015 (the "Petition Date"), the above-captioned debtors and debtors in possession (collectively, the Debtors ) commenced their reorganization cases by filing voluntary petitions for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"). By order of the Court (Docket No. 129), the Debtors' chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered. 3. On December 22, 2015, this Court entered the Order Establishing Bar Dates for Filing Proofs of Claim and Approving the Form and Manner of Notice Thereof (Docket No. 1156) (the Bar Date Order ). Among other things, the Bar Date Order provides that, with limited exceptions, any entity, including governmental units, must file proofs of claim in these cases for claims that arose before the Petition Date on or before February 19, 2016, at 5:00 p.m. (prevailing Eastern Time). 4. On May 3, 2016, this Court entered the Order (I) Authorizing and Establishing Procedures for Objecting to Claims and (II) Granting Relief from Certain Limitations of Bankruptcy Rule 3007 and Local Bankruptcy Rule 3007-1 (Docket No. 2303) (the Procedures Order ). The Procedures Order, among other things, approved procedures for objections by the Reorganized Debtors to proofs of claim. 5. On July 12, 2016, this Court entered its Order Confirming Second Amended Joint Plan of Reorganization of Debtors and Debtors in Possession, as Modified [Doc. No. 3038] (the Confirmation Order ), confirming the Second Amended Joint Plan of -2-
Document Page 7 of 21 Reorganization of Debtors and Debtors in Possession dated May 25, 2016 (Docket No. 2594) (as modified by the Confirmation Order, the Plan ). The Plan became effective on July 26, 2016. Relief Requested 6. Pursuant to sections 502, 503, and 507 of the Bankruptcy Code, Rule 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), Rule 3007-1 of the Local Rules for the United States Bankruptcy Court for the Eastern District of Virginia (the Local Bankruptcy Rules ) and the Procedures Order, the Reorganized Debtors hereby seek the entry of an order, substantially in the proposed form attached hereto as Exhibit 1 (the Proposed Order ): (a) (b) (i) reclassifying and/or reducing each proof of claim identified on Exhibit A to the Proposed Order (the Reclassified and/or Reduced Claims ) because the Reclassified and/or Reduced Claims incorrectly assert an administrative expense claim under section of the Bankruptcy Code and (ii) allowing each Reclassified and/or Reduced Claim as modified on Exhibit A; and (i) reclassifying and/or reducing each proof of claim identified on Exhibit B to the Proposed Order (the Reclassified and/or Reduced Claims ; collectively with the Reclassified and/or Reduced Claims, the Reclassified and/or Reduced Claims ) because the Reorganized Debtors are not liable on the Reclassified and/or Reduced Claims in the priority and/or amount indicated in the Reclassified and/or Reduced Claims and (ii) allowing each Reclassified and/or Reduced Claim as modified on Exhibit B. Objection and Argument 7. After careful review, the Reorganized Debtors have determined that the Reclassified and/or Reduced Claims filed by the claimants identified on Exhibits A and B to the Proposed Order (collectively with any transferees, the Claimants ) should be reclassified as unsecured claims and/or reduced for the reasons set forth below. A. The Reclassified and/or Reduced Claims -3-
Document Page 8 of 21 8. The Reorganized Debtors object to the Reclassified and/or Reduced Claims because they have concluded that all or a portion of the Reclassified and/or Reduced Claims are not entitled to administrative priority under section of the Bankruptcy Code. Subject to the modifications to each such claim set forth on Exhibit A to the Proposed Order, however, the Reorganized Debtors ask this Court to deem the Reclassified and/or Reduced Claims as Allowed Claims (as defined in the Plan) under the Plan. expense priority for: 9. Section of the Bankruptcy Code provides administrative the value of any goods received by the Debtor within 20 days before the date of commencement of a case under this title in which the goods have been sold to the debtor in the ordinary course of such debtor s business. 11 U.S.C.. The term goods is not defined by the Bankruptcy Code but courts have concluded that the meaning of goods under section corresponds with the meaning given to that term in 2-105(1) of the Uniform Commercial Code. See In re Circuit City Stores, Inc., 416 B.R. 531, 535-37 (Bankr. E.D. Va. 2009). Moreover, [c]onsistent with the plain language of the statute, allowed administrative expenses under should only be for claims arising from the sale and delivery of goods to the Debtors, not from the provision of services. Id. at 534. 10. Section of the Bankruptcy Code also requires that the goods must have been received by the debtors within the 20-day period prior to the Petition Date. The term received also is not defined in the Bankruptcy Code. As with the term goods, courts also have interpreted received consistent with Article 2 of the UCC. Specifically, this Court has held [a]s receipt in Article 2 of the UCC and 546(c) is defined as taking physical possession, the Court holds that received for the purposes of means having taken -4-
Document Page 9 of 21 into physical possession. In re Circuit City Stores, Inc., 432 B.R. 225, 229 (Bankr. E.D. Va. 2010). 11. The Reclassified and/or Reduced Claims assert administrative priority under section of the Bankruptcy Code, but should be reduced and/or reclassified as unsecured claims, as set forth on Exhibit A, because the applicable Claimants have failed to provide evidence, and the Reorganized Debtors are not aware of any facts to support that all or a portion of such claims are entitled to administrative priority under section of the Bankruptcy Code. 12. Failure to reclassify and/or reduce the Reduced and/or Reclassified Claims as specified on Exhibit A could result in the relevant Claimants receiving a better recovery than other similarly situated creditors, even though such recovery is not warranted. B. The Reclassified and/or Reduced Claims 13. Similarly, the Reorganized Debtors object to the Reclassified and/or Reduced Claims because the Reorganized Debtors are not liable on the Reclassified and/or Reduced Claims in the priority and/or amount indicated in the Reclassified and/or Reduced Claims. Subject to the modifications to each such claim set forth on Exhibit B to the Proposed Order, however, the Reorganized Debtors ask this Court to deem the Reclassified and/or Reduced Claims as Allowed Claims under the Plan. 14. In particular, following their review of the Reclassified and/or Reduced Claims and their books and records, the Reorganized Debtors have determined that the applicable Claimants have failed to provide evidence, and the Reorganized Debtors are not aware of any facts to support the priority and/or amounts asserted in the Reclassified and/or Reduced -5-
Document Page 10 of 21 Claims. As a result, the Reorganized Debtors submit that the Reclassified and/or Reduced Claims should be reduced and/or reclassified as unsecured claims as set forth on Exhibit B. 15. Failure to reclassify and/or reduce the Reclassified and/or Reduced Claims as specified on Exhibit B could result in the relevant claimants receiving a better recovery than other similarly situated creditors, even though such recovery is not warranted. Reservation of Rights 16. To the fullest extent permissible under Bankruptcy Rule 3007, Local Bankruptcy Rule 3007-1 and the Procedures Order, if the Court does not approve this Objection, the Reorganized Debtors reserve the right to further object to the each of the Reduced and/or Reclassified Claims on any and all additional factual and legal grounds. Notice 17. In accordance with the Order Establishing Certain Notice, Case Management, and Administrative Procedures (Docket No. 111) (the "Case Management Order"), entered on August 5, 2015, notice of this Motion has been given to (a) all parties on the Master Service List (as defined in the Case Management Order), (b) any party that has requested notice pursuant to Bankruptcy Rule 2002, and (c) all Claimants holding the Reclassified and/or Reduced Claims. In light of the nature of the relief requested, the Reorganized Debtors submit that no further notice is necessary. No Prior Request 18. No prior request for the relief sought in this Objection has been made to this or any other Court in connection with these chapter 11 cases. -6-
Document Page 11 of 21 WHEREFORE, the Reorganized Debtors respectfully request that the Court (i) enter an order substantially in the form of the Proposed Order attached hereto as Exhibit 1 granting the relief requested herein and (ii) grant such other and further relief to the Reorganized Debtors as the Court may deem proper. Dated: May 18, 2017 Richmond, Virginia Respectfully submitted, /s/ Henry P. (Toby) Long, III Tyler P. Brown (VSB No. 28072) J.R. Smith (VSB No. 41913) Henry P. (Toby) Long, III (VSB No. 75134) Justin F. Paget (VSB No. 77949) HUNTON & WILLIAMS LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, Virginia 23219 Telephone: (804) 788-8200 Facsimile: (804) 788-8218 David G. Heiman (admitted pro hac vice) Carl E. Black (admitted pro hac vice) Thomas A. Wilson (admitted pro hac vice) JONES DAY North Point 901 Lakeside Avenue Cleveland, Ohio 44114 Telephone: (216) 586-3939 Facsimile: (216) 579-0212 ATTORNEYS FOR REORGANIZED DEBTORS -7-
Document Page 12 of 21 Exhibit 1
Document Page 13 of 21 JONES DAY North Point 901 Lakeside Avenue Cleveland, Ohio 44114 Telephone: (216) 586-3939 Facsimile: (216) 579-0212 David G. Heiman (admitted pro hac vice) Carl E. Black (admitted pro hac vice) Thomas A. Wilson (admitted pro hac vice) Attorneys for Reorganized Debtors HUNTON & WILLIAMS LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, Virginia 23219 Telephone: (804) 788-8200 Facsimile: (804) 788-8218 Tyler P. Brown (VSB No. 28072) J.R. Smith (VSB No. 41913) Henry P. (Toby) Long, III (VSB No. 75134) Justin F. Paget (VSB No. 77949) IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION In re: Alpha Natural Resources, Inc., et al., Debtors. Chapter 11 Case No. 15-33896 (KRH) (Jointly Administered) ORDER GRANTING REORGANIZED DEBTORS' THIRTY SEVENTH OMNIBUS OBJECTION TO CERTAIN CLAIMS (RECLASSIFIED AND/OR REDUCED CLAIMS) This matter coming before the Court on the Reorganized Debtors' Thirty Seventh Omnibus Objection to Certain Claims (Reclassified and/or Reduced Claims) (the "Objection") 1 filed by Old ANR, LLC (f/k/a Alpha Natural Resources, Inc.) and its affiliates, as reorganized debtors (collectively, the Reorganized Debtors ); the Court having reviewed the Objection and having considered the statements of counsel with respect to the Objection at a hearing before the Court (the "Hearing"); the Court having found that (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. 157(b), (c) notice of the Objection and the Hearing was sufficient under the 1 Capitalized terms not otherwise defined herein shall have the meanings given to them in the Objection.
Document Page 14 of 21 circumstances and in full compliance with the requirements of the Bankruptcy Code, the Bankruptcy Rules and the Local Bankruptcy Rules; and the Court having determined that the legal and factual bases set forth in the Objection and at the Hearing establish just cause for the relief granted herein; IT IS HEREBY ORDERED THAT: 1. The Objection is SUSTAINED. 2. Each Reclassified and/or Reduced Claim is hereby (i) reclassified and/or reduced as specified identified on Exhibit A, attached hereto and incorporated herein by reference, and (ii) then shall be deemed an Allowed Claim under the Plan. 3. Each Reclassified and/or Reduced Claim is hereby (i) reclassified and/or reduced as specified identified on Exhibit B, attached hereto and incorporated herein by reference, and (ii) then shall be deemed an Allowed Claim under the Plan. 4. The Reorganized Debtors and the claims and noticing agent appointed in these cases are authorized to take any and all actions that are necessary or appropriate to give effect to this Order. 5. The requirement under Local Bankruptcy Rule 9013-1(G) to file a memorandum of law in connection with the Objection is hereby waived. 6. The Court shall retain exclusive jurisdiction over any and all matters arising from or related to the implementation, interpretation and enforcement of this Order. Dated:, 2017 Richmond, Virginia UNITED STATES BANKRUPTCY JUDGE -2-
Document Page 15 of 21 WE ASK FOR THIS: Respectfully submitted, /s/ Henry P. (Toby) Long, III Tyler P. Brown (VSB No. 28072) J.R. Smith (VSB No. 41913) Henry P. (Toby) Long, III (VSB No. 75134) Justin F. Paget (VSB No. 77949) HUNTON & WILLIAMS LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, Virginia 23219 Telephone: (804) 788-8200 Facsimile: (804) 788-8218 David G. Heiman (admitted pro hac vice) Carl E. Black (admitted pro hac vice) Thomas A. Wilson (admitted pro hac vice) JONES DAY North Point 901 Lakeside Avenue Cleveland, Ohio 44114 Telephone: (216) 586-3939 Facsimile: (216) 579-0212 Counsel to the Reorganized Debtors CERTIFICATION OF ENDORSEMENT UNDER LOCAL BANKRUPTCY RULE 9022-1(C) Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing proposed order has been endorsed by or served upon all necessary parties. /s/ Henry P. (Toby) Long, III -3-
Document Page 16 of 21 Exhibit A
Document Page 17 of 21 ALPHA NATURAL RESOURCES, INC., et al. THIRTY SIXTH OMNIBUS OBJECTION: EXHIBIT A RECLASSIFIED AND/OR REDUCED CLAIMS NAME CLAIM # 1 AMERICAN MINE POWER 584 RAGLAND RD BECKLEY, WV 25801 ASSERTED MODIFIED FILED DATE DEBTOR CLASS AMOUNT CLASS AMOUNT REASON 1828 01/13/2016 Spartan Mining Company $9,235.00 $9,235.00 $9,235.00 $9,235.00 being entitled to administrative status. 2 BUCHANAN PUMP SERVICE & SUPPLY CO. INC. P.O. BOX 827 POUND, VA 24279 3 BUCHANAN PUMP SERVICE & SUPPLY CO. INC. P.O. BOX 827 POUND, VA 24279 4 DICKIE, MCCAMEY & CHILCOTE, P.C. C/O JASON L. OTT, ESQ. TWO PPG PLACE, SUITE 400 PITTSBURGH, PA 15222 5 DTS FLUID POWER, INC. 1820 1600 ROAD DELTA, CO 81416 10772 05/23/2016 Alpha Natural Resources, Inc. 10775 05/23/2016 Elk Run Coal Company, Inc. 9781 02/18/2016 Pennsylvania Land Resources, LLC Administrative 1722 01/11/2016 Alpha Coal West, Inc. $26,438.70 $372.00 $26,810.70 $6,437.60 $5,704.10 $12,141.70 $20,498.50 $136,306.76 $156,805.26 $26,167.92 $26,167.92 Administrative $18,121.00 $8,317.70 $26,438.70 $12,141.70 $12,141.70 $282.50 $282.50 $26,167.92 $26,167.92 Reduction for freight and labor and services. Reclassify for invoices outside 20 day window. being entitled to administrative status and reduce because debtors are not liable in full amount asserted. being entitled to administrative status. 6 PATRICK G BRYAN PO BOX 731 KEAAU, HI 96749 1794 01/12/2016 Alpha Natural Resources, Inc. $5,000.00 $5,000.00 $5,000.00 $5,000.00 being entitled to administrative status. * - Indicates claim contains unliquidated and/or undetermined amounts Page 1 of 2 - Indicates that the Debtor on the filed proof of claim has been previously ordered modified to the Debtor listed on this exhibit
Document Page 18 of 21 ALPHA NATURAL RESOURCES, INC., et al. THIRTY SIXTH OMNIBUS OBJECTION: EXHIBIT A RECLASSIFIED AND/OR REDUCED CLAIMS NAME CLAIM # 7 RONALD S ROLFE WORLDWIDE PLAZA 38TH FL 825 EIGHTH AVE NEW YORK, NY 10019-7416 8 ST JOHN CHURCH 1704 WEBSTER RD SUMMERSVILLE, WV 26651 ASSERTED MODIFIED FILED DATE DEBTOR CLASS AMOUNT CLASS AMOUNT REASON 1749 01/12/2016 Alpha Natural Resources, Inc. 1700 01/11/2016 Maxxim Shared Services, LLC Administrative $14,820.00 $14,820.00 $250.00 $250.00 Administrative $14,820.00 $14,820.00 $250.00 $250.00 being entitled to administrative status. being entitled to priority. 9 STOWERS FIRE AND SAFETY EQUIPMENT C/O JASON L. OTT, ESQ. DICKIE, MCCAMEY & CHILCOTE, P.C. TWO PPG PLACE, SUITE 400 PITTSBURGH, PA 15222 10 SUB-TECHNICAL INC 1015 FOGGY HOLLOW ROAD GIBSONIA, PA 15044 9796 02/19/2016 Marfork Coal Company, Inc. 1634 01/08/2016 Emerald Coal Resources, LP Administrative $16,282.66 $73,646.55 $89,929.21 $85,179.50 $85,179.50 Administrative $428.74 $415.00 $843.74 $43,336.00 $41,843.50 $85,179.50 being entitled to administrative status and reduce because debtors are not liable in full amount asserted. Reclassify for claim being outside the 20 day window. TOTAL $426,339.29 TOTAL $180,359.06 * - Indicates claim contains unliquidated and/or undetermined amounts Page 2 of 2 - Indicates that the Debtor on the filed proof of claim has been previously ordered modified to the Debtor listed on this exhibit
Document Page 19 of 21 Exhibit B
NAME CLAIM # 1 BRYJA, JAMES J 268 CARMICHAELS ST RICES LANDING, PA 15357 2 EBERHART, RONALD D 20W 430 ROOKE CT DOWNERS GROVE, IL 60516 3 HORNE, VICKIE 386 LITTLE PAINT RD EAST POINT, KY 41216 4 J&J ENTERPRISE OF WEST VIRGINIA INC PO BOX 23 OCEANA, WV 24870 Case 15-33896-KRH Doc 3860 Filed 05/18/17 Entered 05/18/17 13:22:39 Desc Main Document Page 20 of 21 ALPHA NATURAL RESOURCES, INC., et al. THIRTY SIXTH OMNIBUS OBJECTION: EXHIBIT B RECLASSIFIED PRIORITY CLAIMS ASSERTED MODIFIED FILED DATE DEBTOR CLASS AMOUNT CLASS AMOUNT REASON 6173 02/17/2016 Maxxim Shared Services, LLC 7177 02/16/2016 Alpha Natural Resources, Inc. 3756 02/01/2016 Alpha Natural Resources Services, LLC 3902 02/02/2016 Pioneer Fuel Corporation Administrative $171,170.49 $171,170.49 $31,519.06 $31,519.06 $99,348.01 $99,348.01 $6,469.00 $6,469.00 Administrative $171,170.49 $171,170.49 $31,519.06 $31,519.06 $99,348.01 $99,348.01 $540.00 $5,929.00 $6,469.00 being entitled to priority status. being entitled to priority status. being entitled to priority status. Reclassify for invoices being outside 20 day window and labor and services. 5 JON C. BROWN 2224 REAGAN AVE., #203 ROCK SPRINGS, WY 82901 6 POTTER ANDERSON & CORROON LLP JEREMY RYAN 1313 N. MARKET STREET WILMINGTON, DE 19801 1429 12/08/2015 Alpha Natural Resources, Inc. 4103 02/03/2016 Alpha Natural Resources, Inc. Secured $358,514.00 $358,514.00 $1,897.00 $1,897.00 Secured $358,514.00 $358,514.00 $1,897.00 $1,897.00 being entitled to priority status. being entitled to secured status. * - Indicates claim contains unliquidated and/or undetermined amounts Page 1 of 2 - Indicates that the Debtor on the filed proof of claim has been previously ordered modified to the Debtor listed on this exhibit
NAME CLAIM # 7 SNELLING, MICHAEL K 29 WYSTERIA LN SCOTT DEPOT, WV 25560 8 SNELLING, MICHAEL K 29 WYSTERIA LN SCOTT DEPOT, WV 25560 9 WIEDENHOFT, ROBERT A 253 WIEDENHOFT LANE STOYSTOWN, PA 15563 Case 15-33896-KRH Doc 3860 Filed 05/18/17 Entered 05/18/17 13:22:39 Desc Main Document Page 21 of 21 ALPHA NATURAL RESOURCES, INC., et al. THIRTY SIXTH OMNIBUS OBJECTION: EXHIBIT B RECLASSIFIED PRIORITY CLAIMS ASSERTED MODIFIED FILED DATE DEBTOR CLASS AMOUNT CLASS AMOUNT REASON 3721 02/01/2016 Maxxim Shared Services, LLC 3725 02/01/2016 Appalachia Holding Company 5974 02/11/2016 Alpha Natural Resources, Inc. $347,628.28 $347,628.28 $536,757.08 $536,757.08 $8,235.58 $8,235.58 $347,628.28 $347,628.28 $536,757.08 $536,757.08 $8,235.58 $8,235.58 TOTAL $1,561,538.50 TOTAL $1,561,538.50 being entitled to priority status. being entitled to priority status. being entitled to priority status. * - Indicates claim contains unliquidated and/or undetermined amounts Page 2 of 2 - Indicates that the Debtor on the filed proof of claim has been previously ordered modified to the Debtor listed on this exhibit