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In re: Xinergy Ltd.
Case No. 15-70444 (PMB)

United States Bankruptcy Court,
Western District of Virginia

www.vawb.uscourts.gov



General Information

On April 6, 2015, Xinergy Ltd. ("Xinergy") and twenty-five (25) affiliated entities (collectively with Xinergy, the “Debtors”) filed petitions in the United States Bankruptcy Court for Western District of Virginia seeking relief under chapter 11 of the United States Bankruptcy Code. The Debtors’ cases have been assigned to Judge Paul M. Black. These cases are being jointly administered for procedural purposes, meaning that all pleadings filed in these cases will be reflected on the case docket for Xinergy Ltd., Case No. 15-70444 (the “Main Case Docket”). The Main Case Docket can be accessed through the website maintained by the United States Bankruptcy Court for the Western District of Virginia (www.vawb.uscourts.gov).

Xinergy is a U.S. Central Appalachian, low-cost producer of high quality thermal and premium metallurgical coal with mining operations in West Virginia and Virginia. Xinergy is focused on creating stakeholder value through organic growth and accretive acquisitions of quality reserves and mining operations throughout Central Appalachia with emphasis towards the development of its high quality, mid-vol metallurgical properties in southern West Virginia. Xinergy also continues to increase its control of metallurgical reserves through a determined acquisition and leasing program in conjunction with an aggressive drilling program. The Xinergy management team collectively has over 100 years of experience including senior level management positions in the coal industry and capital markets industry combined.

If you believe you might be a creditor in the bankruptcy and you seek to take action, you may wish to seek legal advice. The staffs of the Bankruptcy Court Clerk, and American Legal Claims Services, LLC are not permitted to give legal advice.

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NOTICE OF (I) CONFIRMATION  OF THE DEBTORS’ AMENDED JOINT CHAPTER 11 PLAN (II) OCCURENCE OF EFFECTIVE DATE AND (III) ADMINISTRATIVE CLAIMS BAR DATE   

      

PLEASE TAKE NOTICE THAT:

  1. Confirmation of the Plan.  On January 27, 2016, the United States Bankruptcy Court for the Western District of Virginia (the “Bankruptcy Court”) entered an order (the “Confirmation Order”) confirming the Amended Joint Chapter 11 Plan of Xinergy Ltd. and Its Subsidiary Debtors and Debtors In Possession [Doc. No. 453] (as modified and amended in accordance with the terms of the Confirmation Order, the “Plan”). 
  2. Effective Date The Effective Date of the Plan occurred on February 10, 2016.
  3. Administrative Claims Bar Date.  The Administrative Claims Bar Date for applications or requests for payment of Administrative Claims (including but not limited to Professional Fee Claims) shall be the date that is the first Business Day that is thirty (30) calendar days after the Effective Date.  Any Person or Entity that is required to file and serve a request for payment of an Administrative Claim and fails to timely file with the Bankruptcy Court and serve such a request on counsel for the Debtors shall be forever barred, estopped and enjoined from asserting such Administrative Claim against the Debtors or participating in distributions under the Plan on account thereof.  Any such request for payment of an Administrative Claim must be served on counsel to the Debtors at Hunton & Williams LLP, Attn:  Tyler P. Brown, Riverfront Plaza, East Tower, 951 East Byrd Street, Richmond, Virginia 23219.


For more information, Click Here to View a Copy of the Associated Notice, Click here to view a copy of the Debtors’ confirmed Plan, Click here to view a copy of the Confirmation Order

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True Energy Auction Procedures and Notice

Please Take Notice that on December 23, 2015 the ORDER (I) APPROVING BIDDING PROCEDURES FOR THE SALE OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF TRUE ENERGY, LLC, (II) SCHEDULING BID DEADLINES AND THE AUCTION,  (III) APPROVING THE FORM AND MANNER OF NOTICE THEREOF  AND (IV) GRANTING RELATED RELIEF, was entered at Docket Number 592. You can obtain a copy of the order by clicking here.

The True Energy Bidding Procedures Order established the following dates and deadlines in connection with the Auction:

1. Preliminary Indications of Interest:  January 8, 2016, at 5:00 p.m. (prevailing Eastern Time), as the deadline by which all Preliminary Indications of Interest must be actually received by the Debtors and counsel to the Debtors in the form and manner specified in the True Energy Bidding Procedures, in order for an interested party to become a Qualified Bidder.

2. Bid Deadline:  January 14, 2016, at 5:00 p.m. (prevailing Eastern Time), as the deadline by which all Bids must be actually received by the Debtors and counsel to the Debtors in the form and manner specified in the True Energy Bidding Procedures;

3. Auction:  January 19, 2016, at 10:00 a.m. (prevailing Eastern Time), as the date and time of the Auction, which will be held at the offices of Hunton & Williams LLP, Riverfront Plaza, East Tower, 951 East Byrd Street, Richmond, Virginia 23219 or such other location as the Debtors may designate after consultation with the Committee and the DIP Agent. 

4. Sale Hearing: January 21, 2016, at 2:00 p.m. (prevailing Eastern Time), or as soon thereafter as counsel may be heard, which will be held before the Honorable Paul M. Black, United States Bankruptcy Judge, at the United States Bankruptcy Court for the Western District of Virginia, Roanoke Division, 2nd Floor, 210 Church Avenue, Roanoke, Virginia 24011. 


For more information, Click Here to View a Copy of the Associated Notice

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Voting Deadline

The Voting Deadline by which Ballots accepting or rejecting the Plan must be actually received is January 20, 2016 at 5:00 p.m. prevailing Eastern Time. 

All Ballots must be properly executed, completed and delivered to the Balloting Agent at:

If by US Mail

Xinergy Ltd. Ballot Tabulation Center

c/o American Legal Claim Services, LLC,

P.O. Box 23650

Jacksonville, FL 32241-3650

 

If by Courier or Overnight Delivery

Xinergy Ltd. Ballot Tabulation Center

c/o American Legal Claim Services, LLC,

5985 Richard ST, STE 3

Jacksonville, FL 32216

 

 

 

so that the Ballots are actually received on or before Voting Deadline.  Ballots cast by facsimile, email or other electronic transmission will not be counted unless approved in advance by the Debtors in writing. 

Creditors who have already submitted Ballots shall have the opportunity to re-vote, if desired, by contacting ALCS and requesting a replacement Ballot or by such other mechanism as the Debtors may otherwise agree or institute, including, as needed, by further order of the Court.  All re-submitted Ballots must comply with this paragraph 3 of the Courts order that extends the voting deadline (Click Here to View).


Financial Presentations for Investors

August 6, 2015, Presentation to Bondholders

August 2015, Segment Level Detail

August 2015, Funding Model


Meeting of Creditors

Please Take Notice that the meeting of creditors pursuant to section 341 of the Bankruptcy Code (the "Meeting of Creditors") was held on June 23, 2015.

Rule 9001(5) of the Federal Rules of Bankruptcy Procedure requires that a representative of the Debtor appear at the Meeting of Creditors for the purpose of being examined under oath by a representative of the Office of the United States Trustee and by any interested parties that attend the meeting. Creditors are welcome, but not required, to attend the meeting. The Meeting of Creditors may be continued or adjourned by notice at the meeting, without further written notice to creditors.


Press Release

Click Here to View Press Release


List of Equity Holders

Please Take Notice that on June 25, 2015 the List of Equity Security Holders of Xinergy Ltd. was filed at Docket Number 300. You can obtain a copy by clicking here.


Deadlines to File Proof(s) of Claim and Proof(s) of Interest

Please Take Notice that on June 8, 2015 the Bar Date Order was entered at Docket Number 276. You can obtain a copy by clicking here. To download a copy of the associated notice, click here.

The General Deadline to File Proof(s) of Claim and Proof(s) of Interest was July 31, 2015 at 4:00 p.m. (Prevailing Eastern Time)
The Governmental Deadline to File Proof(s) of Claim was September 23, 2015 at 4:00 p.m. (Prevailing Eastern Time)

To download a copy of the Proof of Claim Form, click here.
To download a copy of the Proof of Interest Form for Xinergy Ltd., click here.
To download a copy of the Committee Letter to General Unsecured Creditors regarding the Bar Date, click here.

Completed Forms should be sent via one of the following methods:

If by US mail:
Xinergy Ltd. Claims Center
c/o American Legal Claim Services, LLC
P.O. Box 23650
Jacksonville, FL 32241-3650

If by Overnight mail:
Xinergy Ltd. Claims Center
c/o American Legal Claim Services, LLC
5985 Richard St., STE 3
Jacksonville, FL 32216

Please note: Proofs of claim or proofs of interest may not be sent by facsimile, telecopy or other electronic means.


Debtors

 
Debtor Case Number
Xinergy Ltd. 15-70444
Xinergy of Virginia, Inc. 15-70441
South Fork Coal Company, LLC 15-70442
True Energy, LLC 15-70443
Big Run Mining, Inc. 15-70445
Brier Creek Coal Company, LLC 15-70446
Bull Creek Processing Company, LLC 15-70447
High MAF, LLC 15-70448
Middle Fork Mining, Inc. 15-70449
Pinnacle Insurance Group LLC 15-70450
Raven Crest Contracting, LLC 15-70451
Raven Crest Leasing, LLC 15-70452
Raven Crest Minerals, LLC 15-70453
Raven Crest Mining, LLC 15-70454
Sewell Mountain Coal Co., LLC 15-70455
Shenandoah Energy, LLC 15-70456
Strata Fuels, LLC 15-70457
Whitewater Contracting, LLC 15-70458
Whitewater Resources, LLC 15-70459
Wise Loading Services, LLC 15-70460
Xinergy Corp. 15-70461
Xinergy Finance (US), Inc. 15-70462
Xinergy Land, Inc. 15-70463
Xinergy of West Virginia 15-70464
Xinergy Sales, Inc. 15-70465
Xinergy Straight Creek, Inc. 15-70466

Counsel for the Debtor

Tyler P. Brown (VSB No. 28072)
Henry P. (Toby) Long, III (VSB No. 75134)
Justin F. Paget (VSB No. 77979)
Hunton & Williams LLP
Riverfront Plaza, East Tower
951 East Byrd Street
Richmond, VA 23219-4074
(804) 787-8093
(804) 788-8218 (F)
www.hunton.com

 
Court Address

United States Bankruptcy Court
Western District of Virginia
210 Church Ave, Room 200
Roanoke, VA 24011
(540) 857-2391
www.vawb.uscourts.gov

 

 

Note: American Legal Claim Services, LLC ("ALCS") maintains this website for the public's convenience at the direction of Hunton & Williams, counsel to the Debtor. While ALCS makes every attempt to ensure the accuracy of the information contained herein, this website is not the website of the United States Bankruptcy Court, and does not contain the complete official record of the Court. All documents filed with the Court are available for inspection at the Clerk of the Bankruptcy Court, Western District of Virginia.

 

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