Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Fitch Warns Coal Sector May Experience Higher Incidence of Bankruptcy

Author: Joel R. Glucksman

Date: March 1, 2013

Key Contacts

Back

A grim warning from credit rating agency Fitch Ratings estimates that a number of coal mining businesses may be in danger of falling into bankruptcy.

How will SCOTUS Determine Groundwater Contamination Liability Under the Clean Water Act?
Photo courtesy of Trevor Gerzen (Unsplash.com)

Fitch reported that a persistently weak and volatile economy has been a large contributing factor to falling coal sales. Coupled with this is increased competition with less expensive natural gas resources and rising costs due to more stringent environmental regulations. As a result of these factors, Fitch said that demand may continue to wane and prices are likely to inflate over the course of the year, both of which may force a number of companies to seek protection under bankruptcy law.

The agency noted that two coal producers are already facing significant default risk, and since 1994, there have been 11 mining company defaults among producers with assets of at least $25 million as of the bankruptcy filing date. In addition, the asset size of those companies seeking protection has also ballooned in recent years. For example, Fitch notes that Patriot Coal Corp., which filed for bankruptcy in 2012, was more than 11 times the asset size of the next largest defaulted coal company.

The most recent bankruptcy filing among coal mining companies was America West Resources Inc., which filed for protection on Feb. 1, 2013.

John Eaves, chief executive of leading U.S. coal producer Arch Coal Inc., told Reuters that a number of factors will determine whether sales and demand rebound in the future. Arch, which sells thermal coal that is used to generate electricity, and metallurgical coal which is a steelmaking raw material, experienced a quarterly 15 percent drop in sales volume during the last three months of 2012.

“Global benchmark metallurgical prices declined 50 percent since their peak a year-and-a-half ago while U.S. thermal coal consumption declined to levels we haven’t seen since the mid-90s,” Eaves said in a conference call, according to Reuters. “Needed economic activity, unseasonably warm weather and low natural gas prices … dampen coal demand, causing coal stockpiles to grow to near record levels by May of last year.”

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights post image

What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]

Author: Robert E. Levy

Link to post with title - "What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights"
Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities post image

Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]

Author: Dan Brecher

Link to post with title - "Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!