
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: September 4, 2015

Partner
201-896-7095 jglucksman@sh-law.comLast week, Alpha Natural Resources, one of the largest U.S. coal producers, announced plans to file for Chapter 11 bankruptcy protection, according to the Wall Street Journal. In court papers, the coal producer announced that it is entering Chapter 11 bankruptcy protection to cut its debt load, currently listed at $7.1 billion.
The company cited the collapse of coal prices for its decision to file for Chapter 11. With the U.S. shale revolution and an economic slowdown in China, the largest global steel producer, the company also blamed an 11-year low in metallurgical coal prices for its debt load. However, with thermal coal prices also dropping as power plants switch to natural gas, Alpha has cut capital expenditures by 55 percent to $225 million for new project development in 2015. Alpha also downsized its workforce by 6,500 personnel while closing or suspending operations at more than 80 coal mines across the U.S.
The company claimed to hold $2.1 billion in outstanding unsecured bonds and $1.96 billion in secured debt, including $714 million in second-lien bonds and a $611 million term loan. Alpha also cited its acquisition of Massey Energy in 2011 as a source of its increasing debt.
Currently, Alpha Natural Resources has no reorganization plan. However, the company stated that it does not intend to hold an immediate auction or sale due to the bear market for coal. In fact, according to recent Fitch Ratings, the current bid price for Alpha’s bonds averaged 6 percent, illustrating negative market expectations for the company’s recovery rates on unsecured and second lien debt claims. However, the coal producer does plan to sell off a portion of its highest producing coal mines, and offer some of these mines to certain creditors in exchange for their claims.
According to bankruptcy documents, the company has secured an 18-month Debtor-in-Possession financing package arranged by Citigroup with its first and second lien lenders. The objective of the DIP financing package is for its secured creditors to provide the company with the operational flexibility to effectively restructure. With the DIP financing package, the company hopes to support its ongoing operations to generate additional cash.
Alpha intends to request a judge’s permission to maintain normal operations at a first-day hearing. The company is also seeking approval of so-called first-day motions that would enable it to keep using its bank accounts to maintain supplier relationships and pay its 8,000 remaining employees.
Alpha hopes to re-emerge from bankruptcy as a financially-viable business. The company’s board of directors approved the filing for Chapter 11 bankruptcy protection to improve its future. With relief from Chapter 11 bankruptcy protection, Alpha intends to wait out the historically low prices in the coal market to better position itself to compete in dynamic energy sectors in the future.
The coal producer expects to keep its current management in place through the bankruptcy process.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Author: George McGowan

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!