Cloud Peak Energy is now a post-sale/post-plan case whose live activity appears centered on an adversary proceeding against Navajo Transitional Energy Company, LLC, with summary-judgment and amendment motions fully briefed, discovery stayed, and the parties awaiting a hearing date from the Court under the latest Status ReportDkt. 196.
The debtor filed chapter 11 on May 10, 2019 after liquidity pressure and operational stress overtook a Powder River Basin coal platform that operated the Antelope, Cordero Rojo, and Spring Creek mines. The first-day declaration described transportation disruptions from flooding, declining liquidity, approximately $346.8 million of funded debt, $25.7 million of outstanding letters of credit under an accounts-receivable securitization facility, and roughly $395 million of surety bond exposure supporting reclamation and lease obligations; it also said the debtors had contacted 21 potential buyers but received only one non-actionable proposal before entering a Sale and Plan Support Agreement with major secured and unsecured noteholders on May 6, 2019 Hill First Day DeclarationDkt. 21. The cases formally began with the Chapter 11 Voluntary PetitionDkt. 1.
The restructuring path moved through a creditor-supported sale-and-plan framework rather than a standalone operating turnaround. By October 2019, the debtors had filed the Revised First Amended Joint Chapter 11 PlanDkt. 744, and by January 2020 the docket reflected continued plan-supplement and confirmation-order activity through a mailing affidavit covering the second amended plan supplement, revised proposed confirmation order, revised confirmation-brief exhibit, and amended plan supplement .
The remaining active dispute began when Cloud Peak Energy Inc. and Cloud Peak Energy Resources LLC sued NTEC in November 2022, seeking declaratory relief and recovery of money or property in the adversary complaint Adversary ComplaintDkt. 1. As of May 22, 2026, mediation before Judge Shelley C. Chapman (Ret.) had not produced a settlement, NTEC’s partial summary-judgment motion, NTEC’s motion to amend counterclaim, and the CP Parties’ partial summary-judgment motion were all fully briefed, and the stay of discovery and other deadlines remains in place until the Court rules on those motions or the parties agree otherwise Status ReportDkt. 196.
