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Full title: Order Granting Motion of Debtors for Entry of an Order, Pursuant to 28 U.S.C. §1452 and Bankruptcy Rule 9027, Further Extending the Removal Deadline (Related Doc #258) Signed on 12/14/2020. (klt) (Entered: 12/14/2020)

Document posted on Dec 13, 2020 in the bankruptcy, 2 pages and 0 tables.

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Jointly Administered ORDER GRANTING MOTION OF DEBTORS FOR ENTRY OF AN ORDER, PURSUANT TO 28 U.S.C. § 1452 AND BANKRUPTCY RULE 9027, FURTHER EXTENDING THE REMOVAL DEADLINE Upon consideration of the motion (the “Motion”)2 for entry of an order (this “Order”) further extending the Removal Deadline by 90 days, without prejudice to the Debtors’ right to seek further extensions of the same, all as more fully set forth in the Motion; and this Court having determined it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the General Order of Reference from the United States District Court for the Northern District of Alabama, dated July 16, 1984, as amended July 17, 1984; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion were appropriate under the circumstances and no other notice need be provided; and this Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing before this Court (the “Hearing”); and this Court having determined 1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, are: FM Coal, LLC (1768); Cane Creek, LLC (3207); M. S. & R. Equipment Co., Inc. (3487); Cedar Lake Mining, Inc. (6132); Best Coal, Inc. (2487); and Xinergy of Alabama, Inc. (3009).that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED as follows: IT IS HEREBY ORDERED THAT: 1.Pursuant 28 U.S.C. § 1452 and Bankruptcy Rules 9027 and 9006, the Removal Deadline is extended through and including February 26, 2021.The Debtors are authorized to take all actions necessary to effectuate the relief granted in this Order in accordance with the Motion.This Order is without prejudice to (a) any position the Debtors may take on whether section 362 of the Bankruptcy Code stays any litigation pending against the Debtors, or (b) the Debtors’ right to seek further extensions of the Removal Deadline.

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UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In re: ) ) Chapter 11 FM COAL, LLC, et al.,1 ) ) Case No. 20-02783 (TOM) Debtors. ) ) Jointly Administered ORDER GRANTING MOTION OF DEBTORS FOR ENTRY OF AN ORDER, PURSUANT TO 28 U.S.C. § 1452 AND BANKRUPTCY RULE 9027, FURTHER EXTENDING THE REMOVAL DEADLINE Upon consideration of the motion (the “Motion”)2 for entry of an order (this “Order”) further extending the Removal Deadline by 90 days, without prejudice to the Debtors’ right to seek further extensions of the same, all as more fully set forth in the Motion; and this Court having determined it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the General Order of Reference from the United States District Court for the Northern District of Alabama, dated July 16, 1984, as amended July 17, 1984; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion were appropriate under the circumstances and no other notice need be provided; and this Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing before this Court (the “Hearing”); and this Court having determined 1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, are: FM Coal, LLC (1768); Cane Creek, LLC (3207); M. S. & R. Equipment Co., Inc. (3487); Cedar Lake Mining, Inc. (6132); Best Coal, Inc. (2487); and Xinergy of Alabama, Inc. (3009). 2 Capitalized terms not otherwise defined herein shall have the meanings given to them in the Motion.

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that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED as follows: IT IS HEREBY ORDERED THAT: 1. The Motion is hereby GRANTED as set forth herein. 2. Pursuant 28 U.S.C. § 1452 and Bankruptcy Rules 9027 and 9006, the Removal Deadline is extended through and including February 26, 2021. 3. The Debtors are authorized to take all actions necessary to effectuate the relief granted in this Order in accordance with the Motion. 4. This Order is without prejudice to (a) any position the Debtors may take on whether section 362 of the Bankruptcy Code stays any litigation pending against the Debtors, or (b) the Debtors’ right to seek further extensions of the Removal Deadline. 5. The Court shall retain jurisdiction over any and all matters arising from the interpretation or implementation of this Order. Dated: December 14, 2020 /s/ Tamara O. Mitchell Birmingham, Alabama TAMARA O. MITCHELL UNITED STATES BANKRUPTCY JUDGE

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