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Full title: Order (I) Directing the Closure of Certain of the Debtors' Chapter 11 Cases and (II) Granting Related Relief Signed on 3/15/2021 (RE: related document(s)458 Order Confirming Chapter 11 Plan) The docket in Case No. 20-02791-TOM-11 should be utilized for all motions, contested matters, adversary proceedings, and other matters with respect to the closed Chapter 11 Cases. If you wish to be included in the Post-Effective Date Notice List, you must file a Notice of Appearance in Case No. 20-02791. (klt) (Entered: 03/15/2021)

Document posted on Mar 14, 2021 in the bankruptcy, 3 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

In re: Chapter 11 M. S. & R. EQUIPMENT CO., INC., The chapter 11 case of Xinergy of Alabama, Inc. (“Xinergy”), Case No. 20-02791 (the “Xinergy Case”) shall remain open until Xinergy files a motion seeking entry of a final decree closing the Xinergy Case.(Case No. 20-02788), Cedar Lake Mining, Inc. (Case No. 20-02790), and Best Coal, Inc. (Case No. 20-70987) (collectively, the “Closed Chapter 11 Cases”) were closed on March 15, 2021 in accordance with the Debtors’ Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, confirmed by the Court on March 10, 2021 pursuant to the Findings of Fact, Conclusions of Law and Order Confirming the Debtors’ Second Amended Joint Plan of Reorganization [Dkt.A docket entry, substantially similar to the following, shall be entered on the docket of FM Coal, LLC, Cane Creek, LLC; M. S. & R. Equipment Co., Inc.; Cedar Lake Mining, Inc.; and Best Coal, Inc. to reflect the closure of these chapter 11 cases of those Debtors/Reorganized Debtors: “An order has been entered in accordance with the Debtors’ Second Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code directing closure of this case.The clerk of the court is hereby directed to close the following cases: FM Coal, LLC (Case No. 20-02783), Cane Creek, LLC (

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UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In re: Chapter 11 FM COAL, LLC, Case No. 20-02783 (TOM) Debtor. In re: Chapter 11 CANE CREEK, LLC, Case No. 20-02785 (TOM) Debtor. In re: Chapter 11 M. S. & R. EQUIPMENT CO., INC., Case No. 20-02788 (TOM) Debtor. In re: Chapter 11 CEDAR LAKE MINING, INC., Case No. 20-02790 (TOM) Debtor. In re: Chapter 11 BEST COAL, INC., Case No. 20-70987 (TOM) Debtor. ORDER (I) DIRECTING THE CLOSURE OF CERTAIN OF THE DEBTORS’ CHAPTER 11 CASES AND (II) GRANTING RELATED RELIEF Pursuant to the Debtors’ Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (the “Plan”), confirmed by the Court on March 10, 2021 pursuant to the Findings of Fact, Conclusions of Law and Order Confirming the Debtors’ Second Amended Joint Plan of Reorganization [Dkt. No. 458] (the “Confirmation Order”), it is hereby ORDERED THAT:

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1. The chapter 11 cases (the “Closed Chapter 11 Cases”) of the above-captioned Debtors and/or Reorganized Debtors are hereby closed as of the Effective Date (as defined in the Plan) without prejudice to the right of any party in interest to seek to reopen any of the Chapter 11 Cases under section 350(b) of the Bankruptcy Code. 2. The chapter 11 case of Xinergy of Alabama, Inc. (“Xinergy”), Case No. 20-02791 (the “Xinergy Case”) shall remain open until Xinergy files a motion seeking entry of a final decree closing the Xinergy Case. All motions contested matters, adversary proceedings, and other matters with respect to the Closed Chapter 11 Cases and those Debtors and Reorganized Debtors shall be administered in the Xinergy Case. 3. The caption of the Xinergy Case shall be amended to reflect that the Xinergy Case is the only remaining open chapter 11 case for the Debtors and Reorganized Debtors and shall be as follows: UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In re: Chapter 11 XINERGY OF ALABAMA, INC.,1 Case No. 20-02791 (TOM) Reorganized Debtor. 1 The chapter 11 cases of FM Coal, LLC (Case No. 20-02783), Cane Creek, LLC (Case No. 20-02785), M. S. & R. Equipment Co., Inc. (Case No. 20-02788), Cedar Lake Mining, Inc. (Case No. 20-02790), and Best Coal, Inc. (Case No. 20-70987) (collectively, the “Closed Chapter 11 Cases”) were closed on March 15, 2021 in accordance with the Debtors’ Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, confirmed by the Court on March 10, 2021 pursuant to the Findings of Fact, Conclusions of Law and Order Confirming the Debtors’ Second Amended Joint Plan of Reorganization [Dkt. No. 458], and pursuant to the Order (I) Directing the Closure of Certain of the Debtors’ Chapter 11 Cases and (II) Granting Related Relief [Dkt. No. 464]. All matters related to the Closed Chapter 11 Cases should be filed in the above captioned chapter 11 case of Xinergy of Alabama, Inc.

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4. The foregoing caption satisfies the requirements set forth in section 342(c)(1) of the Bankruptcy Code. 5. A docket entry, substantially similar to the following, shall be entered on the docket of FM Coal, LLC, Cane Creek, LLC; M. S. & R. Equipment Co., Inc.; Cedar Lake Mining, Inc.; and Best Coal, Inc. to reflect the closure of these chapter 11 cases of those Debtors/Reorganized Debtors: “An order has been entered in accordance with the Debtors’ Second Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code directing closure of this case. The docket in Case No. 20-02791 (TOM) should be utilized for all motions, contested matters, adversary proceedings, and other matters with respect to the closed Chapter 11 Cases. If you wish to be included in the Post-Effective Date Notice List, you must file a Notice of Appearance in Case No. 20-02791.” 6. The clerk of the court is hereby directed to close the following cases: FM Coal, LLC (Case No. 20-02783), Cane Creek, LLC (Case No. 20-02785), M. S. & R. Equipment Co., Inc. (Case No. 20-02788), Cedar Lake Mining, Inc. (Case No. 20-02790), and Best Coal, Inc. (Case No. 20-70987). 7. The terms and conditions of this Order are immediately effective and enforceable upon its entry. 8. This Court retains jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order. Dated: March 21, 2021 Birmingham, Alabama /s/ Tamara O. Mitchell TAMARA O. MITCHELL UNITED STATES BANKRUPTCY JUDGE

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