
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.

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel
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!