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Full title: Emergency Motion (WLB Liquidating Trust's Emergency Motion For Entry Of An Order Extending The Time Period To File And Serve Objections To Claims) Filed by Other Prof. Claims Administrator Cullen Speckhart (Attachments: # 1 Exhibit 1 - Proposed Order) (Speckhart, Cullen) (Entered: 04/13/2021)

Document posted on Apr 12, 2021 in the bankruptcy, 9 pages and 0 tables.

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[Docket No. 1608], the WLB Debtors executed the Liquidating Trust Agreement (the “WLB Liquidating Trust Agreement”), creating a liquidating trust (the “WLB Liquidating Trust”) for the primary purpose of liquidating and distributing the WLB Liquidating Trust’s assets for the benefit of holders of allowed claims.On September 5, 2019, this Court entered the Order Extending the Time Period for the WLB Debtors to File and Serve Objections to Claims [Docket No. 2314], extending the Claims Objection Deadline through and including March 9, 2020 (the “Extended Claims Objection Deadline”) without prejudice to the rights of the WLB Debtors to request further extensions of this deadline pursuant to the terms of the WLB Plan.On February 27, 2020, this Court entered the Order Extending the Time Period for the Claims Administrator of the WLB Liquidating Trust to File and Serve Objections to Claims [Docket No. 2850], extending the Claims Objection Deadline through and including September 5, 2020 (the “Second Extended Claims Objection Deadline”) without prejudice to the rights of the Claims Administrator to request further extensions of this deadline pursuant to the terms of the WLB Plan.On March 2, 2021, this Court entered the Order Extending the Time Period for the Claims Administrator of the WLB Liquidating Trust to File and Serve Objections to Claims [Docket No. 3231], extending the Claims Objection Deadline through and including May 3, 2021 (the “Fourth Extended Claims Objection Deadline”) without prejudice to the rights of the Claims Administrator to request further extensions of this deadline pursuant to the terms of the WLB Plan.Without limiting the forgoing, due notice was afforded, whether by facsimile, electronic mail, overnight courier or hand delivery, to parties in interest, including (collectively, the “Notice Parties”): (a) the Office of the United States Trustee for the Southern District of Texas; (b) the Committee; (c) the indenture trustee under the WLB Debtors’ 8.75% senior secured notes due 2022; (d) the ad hoc group of lenders under the WLB Debtors’ prepetition term loan facility due 2020 and the WLB Debtors’ 8.75% senior secured notes due 2022; (e) the administrative agent under the WLB Debtors’ prepetition term loan facility due 2020; (f) the administrative agent under the WMLP Debtors’ term loan facility due 2018; (g) the ad hoc committee of certain lenders under the WMLP Debtors’ term loan facility due 2018; (h) the administrative agent under the WLB Debtors’ debtor-in-possession financing facility; (i) the lenders under the WLB Debtors’ debtor-in-possession financing facility; (j) counsel to the Conflicts Committee of the Board of Directors of Westmoreland Resources GP, LLC; (k) the United States Attorney’s Office for the Southern District of Texas; (l) the Internal Revenue Service; (m) the United States Environmental Protection Agency and similar state environmental agencies for states in which the Debtors conduct business

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § In re: § Chapter 11 § WESTMORELAND COAL COMPANY, et al.1 § Case No. 18-35672 (DRJ) § Debtors. § (Jointly Administered) § WLB LIQUIDATING TRUST’S EMERGENCY MOTION FOR ENTRY OF AN ORDER EXTENDING THE TIME PERIOD TO FILE AND SERVE OBJECTIONS TO CLAIMS THIS MOTION SEEKS EMERGENCY RELIEF AND AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF YOU OPPOSE THE MOTION, YOU SHOULD IMMEDIATELY CONTACT THE MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY CANNOT AGREE, YOU MUST FILE A RESPONSE WITH THE COURT AND SEND A COPY OF THE SAME TO THE MOVING PARTY. YOU MUST FILE AND SERVE YOUR RESPONSE BY NO LATER THAN APRIL 27, 2021. YOUR RESPONSE MUST STATE WHY THE MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY RESPONSE, THE RELIEF MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT REACHED AN AGREEMENT, YOU MUST ATTEND A HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT THE HEARING AND MAY DECIDE THE MOTION AT THE HEARING. REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEY. Cullen D. Speckhart, the claims administrator (“Claims Administrator”) of the WLB Liquidating Trust (as defined herein), created pursuant to the WLB Debtors’ confirmed Amended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of Its Debtor Affiliates (the 1 Due to the large number of debtors in these chapter 11 cases, for which joint administration has been granted, a complete list of the debtors and the last four digits of their tax identification, registration, or like numbers is not provided herein. A complete list of such information may be obtained on the website of the claims and noticing agent in these chapter 11 cases at www.donlinrecano.com/westmoreland. Westmoreland Coal Company's service address for the purposes of these chapter 11 cases is 9540 South Maroon Circle, Suite 300, Englewood, Colorado 80112.

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“WLB Plan”),2 in these jointly administered bankruptcy cases (the “Cases”), by her undersigned counsel and on behalf of the WLB Liquidating Trust, files this motion (“Motion”) and states as follows in support thereof: Relief Requested 1. The Claims Administrator seeks entry of an order, substantially in the form attached hereto as Exhibit 1 (the “Order”) (a) extending the Claims Objection Deadline by 124 days from the present deadline of May 3, 2021, through and including September 3, 2021, without prejudice to the rights of the Claims Administrator to request further extensions of the Claims Objection Deadline to the extent provided by the WLB Plan, and (b) granting related relief. Jurisdiction, Venue, and Procedural Background 2. The United States Bankruptcy Court for the Southern District of Texas (the “Court”) has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2). Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. The bases for the relief requested in this Motion are sections 105(a) of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”), and Rule 9006 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). 3. On October 9, 2018, each of the WLB Debtors3 filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code (the “Petition Date”). A detailed description of the facts and circumstances leading to these Cases is set forth in the Declaration of Jeffery Stein, Chief Restructuring Officer of Westmoreland Coal Company, in Support of Chapter 11 Petitions and 2 All capitalized terms used but otherwise not defined herein shall have the meanings set forth in the Order Confirming the Amended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of its Debtor Affiliates [Docket No. 1561] (the “WLB Plan Confirmation Order”). 3 WLB Debtors” means all Debtors except for Westmoreland Resources GP, LLC, Westmoreland Resource Partners, LP (“WMLP”), and WMLP’s subsidiaries (collectively with WMLP, the “WMLP Debtors”).

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First Day Pleadings [Docket No. 54]. 4. On March 2, 2019, the Court entered the WLB Plan Confirmation Order, confirming the plan of reorganization of Westmoreland Coal Company and its Debtor affiliates other than the WMLP Debtors4 (the “WLB Plan”). 5. On March 15, 2019, the effective date of the WLB Plan (the “Effective Date”) [Docket No. 1608], the WLB Debtors executed the Liquidating Trust Agreement (the “WLB Liquidating Trust Agreement”), creating a liquidating trust (the “WLB Liquidating Trust”) for the primary purpose of liquidating and distributing the WLB Liquidating Trust’s assets for the benefit of holders of allowed claims. The WLB Liquidating Trust Agreement appointed Jeffrey S. Stein as trustee for the WLB Liquidating Trust (the “Plan Administrator”) and Cullen D. Speckhart as the Claims Administrator. 6. As of the Effective Date, the Claims Administrator, on behalf of the WLB Liquidating Trust, has the authority to object to or otherwise resolve the general unsecured claims filed against the WLB Debtors. See WLB Plan, Art. VI.B.1 [Docket No. 1561]. The Claims Reconciliation Process 7. On November 15, 2018, the Court entered an order [Docket No. 524], which, among other things, established (a) December 12, 2018 at 5:00 p.m. (prevailing Central Time) as the deadline for all non-governmental entities holding or wishing to assert a “claim” (as defined in section 101 (5) of the Bankruptcy Code) against any of the WLB Debtors that arose before the Petition Date to file a proof of such claim in writing and (b) April 8, 2019 at 5:00 p.m. (prevailing Central Time) as the deadline for all governmental entities holding or wishing to assert a “claim” (as defined in section 101 (5) of the Bankruptcy Code) against any of the WLB Debtors that arose 4 Specifically, the WMLP Debtors are: (a) WMLP; (b) Westmoreland Kemmerer, LLC; (c) Oxford Mining Company, LLC; (d) Harrison Resources, LLC; (e) Oxford Mining Company-Kentucky, LLC; (f) Daron Coal Company, LLC;

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before the Petition Date to file a proof of such claim in writing. 8. On March 27, 2019, the Court entered the Order Approving Omnibus Claims Objection Procedures and Filing of Substantive Omnibus Objections [Docket No. 1651], approving the WLB Debtors’ proposed objection procedures (the “Objection Procedures”). 9. Pursuant to Article V.III.E of the WLB Plan, the WLB Debtors were required to file objections to claims, including general unsecured claims, by no later than September 11, 2019 (the “Claims Objection Deadline”), absent an extension of that deadline. 10. On September 5, 2019, this Court entered the Order Extending the Time Period for the WLB Debtors to File and Serve Objections to Claims [Docket No. 2314], extending the Claims Objection Deadline through and including March 9, 2020 (the “Extended Claims Objection Deadline”) without prejudice to the rights of the WLB Debtors to request further extensions of this deadline pursuant to the terms of the WLB Plan. 11. On February 27, 2020, this Court entered the Order Extending the Time Period for the Claims Administrator of the WLB Liquidating Trust to File and Serve Objections to Claims [Docket No. 2850], extending the Claims Objection Deadline through and including September 5, 2020 (the “Second Extended Claims Objection Deadline”) without prejudice to the rights of the Claims Administrator to request further extensions of this deadline pursuant to the terms of the WLB Plan. 12. On August 14, 2020, this Court entered the Order Extending the Time Period for the Claims Administrator of the WLB Liquidating Trust to File and Serve Objections to Claims [Docket No. 3088], extending the Claims Objection Deadline through and including March 4, 2021 (the “Third Extended Claims Objection Deadline”) without prejudice to the rights of the Claims Administrator to request further extensions of this deadline pursuant to the terms of the WLB Plan. 13. On March 2, 2021, this Court entered the Order Extending the Time Period for the

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Claims Administrator of the WLB Liquidating Trust to File and Serve Objections to Claims [Docket No. 3231], extending the Claims Objection Deadline through and including May 3, 2021 (the “Fourth Extended Claims Objection Deadline”) without prejudice to the rights of the Claims Administrator to request further extensions of this deadline pursuant to the terms of the WLB Plan. 14. On February 26, 2021, the Court entered the Fifth Order Extending the Time Period for the WLB Plan Administrator to File and Serve Objections to Claims (the “WLB Plan Administrator’s Extension Order”) [Docket No. 3229], extending the claim objection deadline for the WLB Plan Administrator through and including September 3, 2021. 15. After the entry of the WLB Plan Administrator’s Extension Order, it came to the attention of the Claims Administrator that there is a need to synchronize the two claim objection deadlines given the WLB Plan Administrator’s continued efforts to reconcile the asserted priority and general unsecured surety bond claims in the Cases. Additionally, a handful of other general unsecured claims remain to be reconciled by the Claims Administrator. 16. Therefore, extension of the Fourth Extended Claims Objection Deadline through and including September 3, 2021, will allow for the synchronization of efforts to wind down the claims process in these Cases, including time for communications, negotiations and settlements of a handful remaining general unsecured claims. Basis for Relief 17. The WLB Plan expressly provides that the Court may extend the Claims Objection Deadline. See Plan, Art. VIII.E (defining Claims Objection Deadline). Moreover, section 105(a) of the Bankruptcy Code provides that the Court may issue any order that is necessary or appropriate to carry out the provisions of the Bankruptcy Code. 11 U.S.C. § 105(a). Pursuant to Bankruptcy Rule 9006(b)(1), “when an act is required or allowed to be done at or within a specified period . . . by order of the court, the court for cause may at any time in its discretion . . . with or without

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motion or notice order the period enlarged if the request therefore is made before the expiration of the period originally prescribed.” 18. The Claims Administrator and her advisors have worked to review the general unsecured claims pool filed in the Cases, and have analyzed, resolved or satisfied the proofs of claim filed against the WLB Debtors. The Claims Administrator’s review process, however, is ongoing with respect to a handful of remaining general unsecured claims. To permit the Claims Administrator sufficient time to complete her review, analysis, and resolution of the remaining general unsecured claims, and allow for synchronization of the reconciliation efforts with the WLB Plan Administrator, the Claims Administrator requests an extension of the Fourth Extended Claims Objection Deadline. 19. Accordingly, the Claims Administrator respectfully submits that an extension of the Fourth Extended Claims Objection Deadline through and including September 3, 2021, is authorized by the Bankruptcy Code and the terms of the WLB Plan, and thus, should be granted. Notice 20. Notice of the foregoing has been provided by the Claims Administrator in accordance and compliance with Bankruptcy Rules 4001 and 9014, as well as the Bankruptcy Local Rules, and is sufficient under the circumstances. Without limiting the forgoing, due notice was afforded, whether by facsimile, electronic mail, overnight courier or hand delivery, to parties in interest, including (collectively, the “Notice Parties”): (a) the Office of the United States Trustee for the Southern District of Texas; (b) the Committee; (c) the indenture trustee under the WLB Debtors’ 8.75% senior secured notes due 2022; (d) the ad hoc group of lenders under the WLB Debtors’ prepetition term loan facility due 2020 and the WLB Debtors’ 8.75% senior secured notes due 2022; (e) the administrative agent under the WLB Debtors’ prepetition term loan facility due 2020; (f) the administrative agent under the WMLP Debtors’ term loan facility due 2018; (g) the

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ad hoc committee of certain lenders under the WMLP Debtors’ term loan facility due 2018; (h) the administrative agent under the WLB Debtors’ debtor-in-possession financing facility; (i) the lenders under the WLB Debtors’ debtor-in-possession financing facility; (j) counsel to the Conflicts Committee of the Board of Directors of Westmoreland Resources GP, LLC; (k) the United States Attorney’s Office for the Southern District of Texas; (l) the Internal Revenue Service; (m) the United States Environmental Protection Agency and similar state environmental agencies for states in which the Debtors conduct business; (n) the offices of the attorneys general for the states in which the Debtors operate; (o) the United States Securities and Exchange Commission; (p) the Pension Benefit Guaranty Corporation; any (q) any party that has requested notice pursuant to Bankruptcy Rule 2002. [Remainder of page intentionally left blank]

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WHEREFORE, the Claims Administrator respectfully requests entry of the Order, substantially in the form attached hereto, granting the relief requested herein and granting such other relief as is just and proper. Dated: April 13, 2021 Respectfully submitted, /s/ Cullen D. Speckhart Cullen D. Speckhart (S.D. Tex. Bar No. 2158405) COOLEY LLP 1299 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: (202) 842-7800 Direct: (202) 728-7094 Email: cspeckhart@cooley.com Claims Administrator of the WLB Liquidating Trust -and- Olya Antle (admitted pro hac vice) COOLEY LLP 1299 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: (202) 842-7800 Direct: (202) 728-7094 Email: oantle@cooley.com Counsel to the Claims Administrator of the WLB Liquidating Trust

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Certificate of Service I certify that on April 13, 2021, I caused a copy of the foregoing document to be served by the Electronic Case Filing System for the United States Bankruptcy Court for the Southern District of Texas upon those registered to receive electronic notice in these Cases and upon the Notice Parties as stated supra. /s/ Cullen D. Speckhart Cullen D. Speckhart

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