EX-99.1 2 jrcc_ex9901.htm BANKRUPCY EXHIBIT

Exhibit 99.1

 

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

 

In re James River Coal Company Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
     
  Federal Tax ID# 54-1602012

 

CORPORATE MONTHLY OPERATING REPORT

 

REQUIRED DOCUMENTS Form No. Document
Attached
Explanation
Attached
Legal Entities and Notes to MOR   X  
Schedule of Cash Receipts and Disbursements MOR-1 X  
Bank Account Information MOR-1a X  
Copies of bank statements     X
Cash disbursements journals     X
Statements of Operations (Income Statement) MOR-2 X  
Balance Sheets MOR-3 X  
Status of Post-Petition Taxes MOR-4 X  
Copies of IRS Form 6123 or payment receipt      
Copies of tax returns filed during reporting period      
Summary of Unpaid Post-Petition Debts MOR-4   X
Listing of Aged Accounts Payable     X
Accounts Receivable Reconciliation and Aging MOR-5   X
Taxes Reconciliation and Aging MOR-5   X
Schedule of Payments to Professionals MOR-6 X  
Post Petition Secured Notes Adequate Protection Payments MOR-6   X
Debtor Questionnaire MOR-7 X  

 

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

 

/s/ Samuel M. Hopkins   5/30/2014
Signature of Authorized Individual*   Date
     
Samuel M. Hopkins    
Printed Name of Authorized Individual    
     
Vice President    
Title    

 

* Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.

 

 

1
 

 

In re James River Coal Company Form No. Legal Entities and Notes to MOR
  Case No. (Jointly Administered) 14-31848
  Reporting Period: 30-Apr-14
  Federal Tax ID# 54-1602012

 

Listing of Debtor Entities and Notes to Monthly Operating Report

 

General:

This report includes activity from the following Debtors and related Case Numbers:

 

Debtor Case Number
James River Coal Company 14-31848
BDCC Holding Company, Inc. 14-31850
Bell County Coal Corporation 14-31851
Bledsoe Coal Corporation 14-31852
Bledsoe Coal Leasing Company 14-31853
Blue Diamond Coal Company 14-31856
Buck Branch Resources LLC 14-31857
Chafin Branch Coal Company, LLC 14-31858
Eolia Resources, Inc. 14-31860
Hampden Coal Company, LLC 14-31861
International Resource Partners LP 14-31862
International Resources Holdings I LLC 14-31863
International Resources Holdings II LLC 14-31864
International Resources, LLC 14-31866
IRP GP Holdco, LLC 14-31867
IRP Kentucky LLC 14-31868
IRP LP Holdco, Inc. 14-31869
IRP WV Corp. 14-31870
James River Coal Sales, Inc. 14-31871
James River Coal Service Company 14-31872
James River Escrow Inc. 14-31873
Jellico Mining, LLC 14-31874
Johns Creek Coal Company 14-31875
Johns Creek Elkhorn Coal Corporation 14-31876
Johns Creek Processing Company 14-31877
Laurel Mountain Resources LLC 14-31878
Leeco, Inc. 14-31879
Logan & Kanawha Coal Co., LLC 14-31880
McCoy Elkhorn Coal Corporation 14-31881
Rockhouse Creek Development, LLC 14-31882
Shamrock Coal Company, Incorporated 14-31883
Snap Creek Mining, LLC 14-31884
Triad Mining, Inc. 14-31885
Triad Underground Mining, LLC 14-31886

 

Notes to the MOR:

On April 7, 2014 (the "Petition Date"), James River Coal Company ("James River"), as a stand-alone entity, and all of its wholly-owned subsidiaries (collectively, the "Debtors") filed voluntary petitions for reorganization (the "Chapter 11 Cases") under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code") in the U.S. Bankruptcy Court for the Eastern District of Virginia, Richmond Division (the "Bankruptcy Court"). The Chapter 11 Cases are being jointly administered in the Bankruptcy Court under the caption "In re: James River Coal Company, et al. (Case No. 14-31848)."

 

2
 

This Monthly Operating Report ("MOR") has been prepared on a consolidated basis for the Debtors. The financial information contained herein is unaudited, limited in scope, covers a limited time period, and has been prepared solely for the purpose of complying with the monthly reporting requirements for Chapter 11 debtors as required by the Bankruptcy Court and is in a format intended to meet the requirements for Chapter 11 debtors as required by the Bankruptcy Court and the United States Trustee for the Eastern District of Virginia Richmond Division (the "U.S. Trustee"). As discussed below this MOR is not prepared in accordance with accounting principles generally accepted in the United States of America ("GAAP") and does not include all of the information and footnotes required by GAAP. Therefore, there can be no assurance that the condensed consolidated financial information presented herein is complete, and readers are strongly cautioned not to place undue reliance on the MOR.

 

The unaudited financial statements have been derived from the books and records of the Debtors. The information furnished in this report primarily includes normal recurring adjustments but not all the adjustments that would typically be made for the quarterly and annual consolidated financial statements to be in accordance with GAAP. Furthermore, the monthly financial information contained herein has not been subjected to the same level of accounting review and testing that the Debtors apply in the preparation of their quarterly and annual consolidated financial information in accordance with GAAP. Accordingly, upon the application of such procedures, the Debtors believe that the financial information may be subject to change, and these changes could be material.

 

Additionally, the financial statements are subject to adjustments associated with the completion of the December 31, 2013 audit, including adjustments to the fixed asset values and depreciation and amortization for fixed asset impairments.

 

The results of operations contained herein are not necessarily indicative of results that may be expected from any other period or for the full year and may not necessarily reflect the consolidated results of operations, financial position and cash flows of the Debtors in the future.

 

For the reasons discussed above, the Debtors caution readers not to place undue reliance upon information contained in this MOR. For further information, refer to the consolidated financial statements and footnotes included in James River's Form 10-Q for the quarter ended September 30, 2013, as filed with the Securities and Exchange Commission.

 

No assurance can be given as to the value, if any, that may be ascribed to the Debtors’ various pre-petition liabilities and other securities. Accordingly, the Debtors urge that caution be exercised with respect to existing and future investments in any of these securities or claims against the Debtors.

 

Additional information about the Chapter 11 Cases, court filings and claims information is available on the internet at http://dm.epiq11.com/jamesrivercoal

 

Notes to MOR-1a:

The debtor has, on a timely basis, performed all bank account reconciliations in the ordinary course of business. Due to the level of detail records copies of the bank account statements and reconciliations are available for inspection upon request by the United States Trustee's Office.

 

Notes to MOR-4 and MOR-5:

For status of post-petition tax payments, see disclosures as noted on MOR-4. Due to the level of detailed records, (i) copies of IRS Form 6123 or payment receipts; (ii) copies of tax returns filed during the reporting period; and (iii) a taxes aging schedule will be made available upon request.

 

Additionally, the Debtors believe that the information as disclosed in MOR-3 appropriately summarizes the ending accounts receivable and accounts payable balances of the Debtors. Due to the volume of transactions related to customer billings and vendor payments, the following items will be made available upon request: (i) summary of unpaid post-petition debts; (ii) listing of aged accounts payable; and (iii) accounts receivable reconciliation and aging.

 

Notes to MOR-6:

The post-petition secured notes adequate protection payments schedule is not applicable as there were no such payments in April 2014.

 

3
 

In re James River Coal Company Form No. MOR-1
  Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
  Federal Tax ID# 54-1602012

 

Schedule of Cash Receipts and Disbursements

(Amounts in thousands)

 

Debtor Case Number Cash Receipts Cash Disbursements
    April 1-6 April 7-30 April 1-6 April 7-30
James River Coal Company 14-31848 $ 1,432 $ 125,691 $ 1,041 $ 21,468
BDCC Holding Company, Inc. 14-31850        
Bell County Coal Corporation 14-31851   5 64 769
Bledsoe Coal Corporation 14-31852     47 611
Bledsoe Coal Leasing Company 14-31853       (0)
Blue Diamond Coal Company 14-31856     324 1,785
Buck Branch Resources LLC 14-31857        
Chafin Branch Coal Company, LLC 14-31858        
Eolia Resources, Inc. 14-31860        
Hampden Coal Company, LLC 14-31861       311
International Resource Partners LP 14-31862        
International Resources Holdings I LLC 14-31863        
International Resources Holdings II LLC 14-31864        
International Resources, LLC 14-31866        
IRP GP Holdco, LLC 14-31867        
IRP Kentucky LLC 14-31868        
IRP LP Holdco, Inc. 14-31869        
IRP WV Corp. 14-31870        
James River Coal Sales, Inc. 14-31871        
James River Coal Service Company 14-31872     93 1,289
James River Escrow Inc. 14-31873        
Jellico Mining, LLC 14-31874        
Johns Creek Coal Company 14-31875        
Johns Creek Elkhorn Coal Corporation 14-31876        
Johns Creek Processing Company 14-31877        
Laurel Mountain Resources LLC 14-31878       (106)
Leeco, Inc. 14-31879   4   363
Logan & Kanawha Coal Co., LLC 14-31880        
McCoy Elkhorn Coal Corporation 14-31881     30 472
Rockhouse Creek Development, LLC 14-31882     203 1,084
Shamrock Coal Company, Incorporated 14-31883        
Snap Creek Mining, LLC 14-31884        
Triad Mining, Inc. 14-31885   67 158 1,710
Triad Underground Mining, LLC 14-31886      
   Total Cash   1,432 125,768 1,960 29,756

 

Notes to MOR-1:

Cash Receipts and Disbursements are for the period April 1, 2014 -April 30, 2014.

 

Cash receipts for the period April 7 - 30, 2014 includes $41.3 million net receipts from the DIP financing.

 

 

4
 
In re James River Coal Company Form No. MOR-1
  Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
  Federal Tax ID# 54-1602012

 

Bank Account Information

(Amounts in thousands)

 

 

Legal Entity

Case Number

Bank Account

Number

Bank Name / Address

Bank Balance

James River Coal Company

14-31870

1379 Wells Fargo

210 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

29,852
James River Coal Company

14-31870

8090 Wells Fargo

209 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
James River Coal Company

14-31870

8087 Wells Fargo

211 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
James River Coal Company

14-31870

1232 Wells Fargo

212 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

21,662
James River Coal Company

14-31870

8427 Wells Fargo

213 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
James River Coal Company

14-31870

9220 Wells Fargo

214 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Bell County Coal Corp.

14-31850

7224 First State Financial, Inc.

1810 Cumberland Ave, Middlesboro,

KY. 40965

4 
Bell County Coal Corp.

14-31850

8126 Wells Fargo

201 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Bell County Coal Corp.

14-31850

8032 Wells Fargo

202 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Bledsoe Coal Corp.

14-31851

3865 Bank of Harlan 201 E. Central St, Harlan, KY., 40831
Bledsoe Coal Corp.

14-31851

8058 Wells Fargo

203 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Bledsoe Coal Corp.

14-31851

8003 Wells Fargo

204 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Bledsoe Coal Leasing Company

14-31852

8074 Wells Fargo

205 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Blue Diamond

14-31853

6693 Wells Fargo

206 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Blue Diamond Coal Company

14-31853

6716 Wells Fargo

207 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Hampden Coal Company

14-31860

0061 United Bank

500 Virginia Street, Ste, E., Charleston,

WV 25322

-
Hampden Coal Company, LLC

14-31860

4376 Wells Fargo

208 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
International Resources, LLC

14-31864

9345 United Bank

501 Virginia Street, Ste, E., Charleston,

WV 25322

23,155
International Resources, LLC

14-31864

2298 United Bank

502 Virginia Street, Ste, E., Charleston,

WV 25322

-
International Resources, LLC

14-31864

7160 United Bank

503 Virginia Street, Ste, E., Charleston,

WV 25322

-
International Resources, LLC

14-31864

7202 United Bank

504 Virginia Street, Ste, E., Charleston,

WV 25322

39 
James River Coal Service

14-31872

0118

st

1 Trust Bank

24 Commerce Drive, Hazard, KY 41701
James River Coal Service Company

14-31872

8016 Wells Fargo

215 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
James River Coal Service Company

14-31872

8061 Wells Fargo

216 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Johns Creek Coal Company

14-31875

8443 Wells Fargo

217 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Laurel Mountain

14-31878

5139

st

1 Trust Bank

24 Commerce Drive, Hazard, KY 41701
Laurel Mountain Resources

14-31878

3326 Wells Fargo

218 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Leeco, Inc.

14-31879

5737 Community Trust Bank

346 North Mayo Trail, Pikeville, KY.

41501

45 
Leeco, Inc.

14-31879

7994 Wells Fargo

219 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Logan & Kanawha Coal Co

14-31880

0037 United Bank

505 Virginia Street, Ste, E., Charleston,

WV 25322

10 
McCoy Elkhorn Coal Corporation

14-31881

0201 Community Trust Bank

347 North Mayo Trail, Pikeville, KY.

41501

 

 

 

5
 

Bank Account Information

(Amounts in thousands)

 

 

Legal Entity

Case Number

Bank Account

Number

Bank Name / Address

Bank Balance

McCoy Elkhorn Coal Corporation

14-31881

7981 Wells Fargo

220 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
McCoy Elkhorn Coal Corporation

14-31881

8100 Wells Fargo

221 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Rockhouse Creek Development

14-31882

2648 United Bank

506 Virginia Street, Ste, E., Charleston,

WV 25322

not in use
Rockhouse Creek Development

14-31882

4384 Wells Fargo

222 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Triad Mining, Inc.

14-31885

5757 Independence Bank

2425 Frederica St., Owensboro, KY

42301

281 
Triad Mining, Inc.

14-31885

9793 Independence Bank

2426 Frederica St., Owensboro, KY

42301

19 
Triad Mining, Inc.

14-31885

9774 Wells Fargo

224 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
Triad Mining, Inc.

14-31885

59761 Wells Fargo

225 South Jefferson Street, 2nd Floor,

Roanoke, VA 24011

-
GE Capital Corp and JRCC     UBS   68,165

Indemnity National Ins. Co Secured Party FBO JRCC

  8529 Morgan Stanley   8,649

 

 

Notes to MOR-1a:

All amounts listed above are the bank balances as of month end. Copies of bank statements and cash disbursement journals were not included with the MOR, but will be made available upon request.

 

6
 

 

In re James River Coal Company Form No. MOR-2
  Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
  Federal Tax ID# 54-1602012

 

Statements of Operations

For the Month Ended April 30, 2014

(Amounts in thousands)

 

    Consolidated James River Coal Company 
Revenues     
Coal sales revenue  $43,521 
Freight and handling revenue   4,073 
Total revenue   47,594 
Cost of sales:     
Cost of coal sold   42,766 
Freight and handling costs   4,073 
Depreciation, depletion, and amortization   6,627 
Total cost of sales   53,466 
Gross profit (loss)   (5,872)
Selling, general and administrative expenses   3,778 
Total operating loss   (9,650)
Interest expense   1,757 
Interest income   (7)
Restructuring Fees   2,160 
Miscellaneous income, net   2 
Total other (income) expense, net   3,912 
Net loss before income taxes   (13,562)
Income tax expense    
Net loss  $(13,562)

 

Notes to MOR-2

 

(1) The Company's reorganization items for the month of April 30, 2014 consisted of the following:

 

Professional Fees  $2,160 

 

Professional fees are only those that are directly related to the reorganization and include fees associated with advisors to debtors, the statutory committee of unsecured creditors and certain secured creditors.

 

7
 

 

In re James River Coal Company Form No. MOR-3
  Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
  Federal Tax ID# 54-1602012

 

Balance Sheets

April 30, 2014

(Amounts in thousands)

 

    April 30, 2014 
    (unaudited) 
Assets     
Current assets:     
Cash and cash equivalents  $72,531 
Trade receivables   44,249 
Inventories:     
Coal   24,871 
Materials and supplies   12,070 
Total inventories   36,941 
Prepaid royalties   2,806 
Other current assets   3,330 
Total current assets   159,857 
Property, plant, and equipment, net   603,602 
Restricted cash and short term investments   76,814 
Other assets   13,352 
Total assets  $853,625 
Liabilities and Shareholders' Equity     
Current liabilities:     
Accounts payable  $7,732 
Accrued salaries, wages, and employee benefits   10,575 
Workers' compensation benefits   8,876 
Black lung benefits   2,813 
Accrued taxes   6,816 
Other current liabilities   7,087 
Total current liabilities   43,899 
Long-term debt, less current maturities   76,396 
Other liabilities:     
Noncurrent portion of workers' compensation benefits   59,045 
Noncurrent portion of black lung benefits   64,066 
Pension obligations   15,325 
Asset retirement obligations   112,147 
Other   9,136 
Total other liabilities   259,719 
Liabilities subject to compromise   472,954 
Total liabilities   852,968 
Shareholders' equity:   657 
Total liabilities and shareholders' equity  $853,625 

 

 

8
 

 

Notes to MOR-3:

 

On April 7, 2014, the Company and its 33 wholly-owned subsidiaries entered into that certain super priority Debtor-in Possession Credit Agreement (the “DIP Facility”) consisting of a term loan facility in the aggregate principal amount of $110.0 million from a syndicate of lenders, with Cantor Fitzgerald Securities acting as administrative agent and collateral agent. The Company’s initial borrowing under the DIP Facility was made on April 10, 2014 in the amount of $80 million. The initial Borrowing under the DIP Facility has been used to (i) fund the operational and working capital needs of the Debtor, (ii) pay the fees, costs and expenses incurred by the Debtors in connection with their Chapter 11 cases and (iii) pay in full certain prepetition debt and cash collateral letters of credit issued under the Debtors’ prepetition credit agreement.

 

As of April 30, 2014, we have $72.5 million in cash and cash equivalents and $76.8 million in restricted cash.

 

(1) Liabilities subject to compromise represent unsecured obligations that will be accounted for under a plan of reorganization. Generally, actions to enforce or otherwise affect payment of pre-petition liabilities are stayed. Accounting Standards Codification (ASC) 852 requires pre-petition liabilities that are subject to compromise to be reported at the amounts expected to be allowed, even if they may be settled for lesser amounts. These liabilities represent the amounts expected to be allowed on known or potential claims to be resolved through the Chapter 11 process, and remain subject to future adjustments arising from negotiated settlements, actions of the Bankruptcy Court, rejection of executory contracts and unexpired leases, the determination as to the value of collateral securing the claims, proofs of claim, and other events. Liabilities subject to compromise also include certain items that may be assumed under the plan of reorganization, and as such, may be subsequently reclassified to liabilities not subject to compromise.

 

The Bankruptcy Court has approved payment of certain pre-petition obligations, including employee wages, salaries and benefits, and the payment of vendors and other providers in the ordinary course for goods and services received after the filing of the Chapter 11 petitions and other business related payments necessary to maintain the operations of the Debtors' businesses. Obligations associated with these matters are not classified as liabilities subject to compromise.

 

With the approval of the Bankruptcy Court, the Debtors may reject certain pre-petition executory contracts and unexpired leases with respect to the Debtors' operations in the future. Damages resulting from rejection of executory contracts and unexpired leases are generally treated as general unsecured claims and are classified as liabilities subject to compromise. Holders of pre-petition claims are required to file proofs of claims by the “bar date,” which will be established later with approval of the Bankruptcy Court. A bar date is the date by which certain claims against the Debtors must be filed if the claimants wish to receive any distribution in the Chapter 11 Cases. Once a bar date is established, creditors will be notified of the bar date and the requirements to file a proof of claim with the Bankruptcy Court. Differences between liability amounts estimated by the Debtors and claims filed by creditors will be investigated and, if necessary, the Bankruptcy Court will make a final determination as to the amount of the allowable claim. The determination of how liabilities will ultimately be treated cannot be made until the Bankruptcy Court approves a plan of reorganization. The Debtors will continue to evaluate these liabilities throughout the Chapter 11 Cases and adjust amounts as necessary. Such adjustments may be material. In light of the expected number of creditors, the claims resolutions process may take considerable time to complete. Accordingly, the ultimate amount or treatment of such liabilities is not determinable at this time.

 

9
 

 

In re James River Coal Company Form No. MOR-3
  Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
  Federal Tax ID# 54-1602012

 

Balance Sheets continued

Liabilities Subject to Compromise

April 30, 2014

(Amounts in thousands)

 

Unsecured debt - prepetition  $463,606 
Interest payable   17,049 
Trade payable   42,065 
Other accrual   1,684 
Debt discounts   (51,450)
   $472,954 

 

Other accrual primarily consist of accrued royalties.

Debt discounts will be written off once debt claims are allowed.

 

 

10
 

 

In re James River Coal Company Form No. MOR-4
  Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
  Federal Tax ID# 54-1602012

 

Status of Post-Petition Taxes

For the Month Ended April 30, 2014

(Amounts in thousands)

 

    Beginning Tax Liability    Amount Withheld and/or Accrued    Amount (Paid) Received    Ending Tax Liability 
         April 1-6    April 7-30    April 1-6    April 7-30      
Payroll Taxes - Federal, State  $575   $507   $2,035   $   $3,255   $(137)
                               
Federal Taxes, excluding Payroll Taxes                              
Federal Production Tax   429    73    447        571    377 
Federal Income Tax   (375)               0    (375)
Total Federal Taxes excluding Payroll Taxes   54    73    447        572    2 
                               
State and Local Taxes, excluding Payroll Taxes                              
State Production Tax   966    119    872        968    989 
Personal Property Tax   5,580    153    666        531    5,868 
Sales and Use Tax   32    7    28        24    43 
Franchise Tax   (18)                   (18)
Other Taxes   98    17    75         120    69 
Total State and Local Taxes, excluding Payroll Taxes   6,659    6,659    6,659    6,659    6,659    6,951 
                               
Total Taxes  $7,287   $7,239        $6,659        $6,816 

 

Notes to MOR-4

Tax payments may include certain prepetition payments that were authorized through motions approved by the Bankruptcy Court.

 

11
 

 

In re James River Coal Company Form No. MOR-6
  Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
  Federal Tax ID# 54-1602012

 

Schedule of Payments to Professionals

For the Month Ended April 30, 2014

(Amounts in thousands)

 

    Amount Paid
Professional Role Month Cumulative From April 7, 2014
Epiq Systems, Inc. Bankruptcy & Restructuring Advisors 16 -
Zolfo Cooper, LLC DIP Lender Advisor 100 -
Hunton & Williams, LLP Bankruptcy Local Counsel 97 -
Intralilnks, Inc. Virtual Data Room - -
Perella Weinberg Partners Bankruptcy & Restructuring Advisory - -
Davis Polk & Wardwell, LLP Bankruptcy and Restructuring Counsel 800 -
Paul, Weiss, Rifkind, Wharton, Garrison, LLP DIP Lender Counsel 350 -
Kutak Rock, LLP DIP Lender Counsel 27 -
King & Spalding DIP Lender Counsel 330 -
McGuire Woods DIP Lender Counsel 34 -
Craig & Associates Fixed Asset appraisal for DIP 85 -
Cantor Fitzgerald Administrator of DIP 196 -
Post petition reserve Held for future fees 125 -
Other   0.3 -
    2,160 -

 

Notes to MOR-6:

Professional fees do not include payments to professionals or consultants that are paid in the ordinary course of business.

 

 

12
 

 

In re James River Coal Company Form No. MOR-6
  Case No. (Jointly Administered) 14-31848
  Reporting Period: April 30, 2014
  Federal Tax ID# 54-1602012

 

Debtor Questionnaire

For the Month Ended April 30, 2014

 

  Must be completed each month. If the answer to any of the questions is “Yes”, provide a detailed explanation of each item. Attach additional sheets if necessary Yes No Explanation
1 Have any assets been sold or transferred outside the normal course of business this reporting period?    ü  
2 Have any funds been disbursed from any account other than a debtor in possession account this reporting period?    ü  
3 Is the Debtor delinquent in the timely filing of any post-petition tax returns?    ü  
4 Are workers compensation, general liability or other necessary insurance coverages expired or cancelled, or has the debtor received notice of expiration or cancellation of such policies?    ü  
5 Is the Debtor delinquent in paying any insurance premium payment?    ü  
6 Have any payments been made on pre-petition liabilities this reporting period?   ü   Only per motions approved by the court
7 Are any post petition receivables (accounts, notes or loans) due from related parties?   ü   Normal course of business
8 Are any post petition payroll taxes past due?    ü   
9 Are any post petition State or Federal income taxes past due?    ü  
10 Are any post petition real estate taxes past due?    ü  
11 Are any other post petition taxes past due?    ü  
12 Have any pre-petition taxes been paid during this reporting period?   ü  

Only per motions

approved by the court

13 Are any amounts owed to post petition creditors delinquent?    ü  
14 Are any wage payments past due?    ü  
15 Have any post petition loans been received by the Debtor from any party?    ü  
16 Is the Debtor delinquent in paying any U.S. Trustee fees?    ü  
17 Is the Debtor delinquent with any court ordered payments to attorneys or other professionals?    ü  
18 Have the owners or shareholders received any compensation outside of the normal course of business?    ü  

 

 

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