The United Mineworkers of America said Tuesday (Nov. 27, 2012) that the bankruptcy court judge overseeing the Patriot Coal case has moved it from Manhattan to St. Louis. Here is the union’s complete press release:
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FOR IMMEDIATE RELEASE
CONTACT: Phil Smith, 703-291-2430
November 27, 2012
UMWA applauds change of venue in ruling in Patriot Coal bankruptcy case
[TRIANGLE, VA] United Mine Workers of America (UMWA) International President
Cecil E. Roberts issued the following statement today:
“The U.S. Bankruptcy Court made the right call today when it moved the
Patriot Coal case from New York to St. Louis. Nobody has ever mined one
ounce of coal in Manhattan. Patriot Coal executives set up two dummy
corporations in New York because they wanted their case heard in a forum far
from the coal fields.
“U.S. Bankruptcy Judge Shelley Chapman agreed with our argument about that,
saying in her opinion that, ‘this Court cannot allow the Debtor’s venue
choice to stand, as to do so would elevate form over substance in a way that
would be an affront to the purpose of the bankruptcy venue statute and the
integrity of the bankruptcy system.’
“St. Louis is where Patriot Coal is headquartered. More important, it’s the
headquarters for Peabody Energy and Arch Coal. These two companies spun off
their operations to Patriot in an attempt to run away from pension and
health care obligations to thousands of miners and their survivors.
“Referencing the actual voices of those whose health care is at risk in this
case, Judge Chapman wrote in her conclusion, ‘… hundreds of hand-written
letters have been received by the Court from the people whose hands mine the
Debtors’ coal and their widows and children. Many of them enclosed family
pictures, or lists of ailments and medications. Some of them asked for a
personal response. All of them were respectful, and compelling. This
decision reflects the Court’s attempt to craft a just and balanced solution
to the question of which bankruptcy court will become the next custodian not
only of these cases but also of these letters.’
“Making reference to the UMWA’s suit against Peabody and Arch to require
them to live up to their promises of health care to retirees and widows,
Judge Chapman also noted that Peabody is headquartered in St. Louis, which
she called, “significant in light of the issues that have been raised by the
UMWA with respect to its spin-off of Patriot and its responsibility to
provide promised cradle-to-grave health care benefits to Patriot employees
and retirees who worked for Peabody prior to the spin-off.’
“Though we would have preferred this case to be moved to Charleston, W. Va.,
moving it to St. Louis puts it on the front porch of Peabody Energy and Arch
Coal. We filed this case so that it would be moved away from a place where
no coal has ever been mined to a place where people are familiar with the
coal industry. The decision brings the case to the heart of the Illinois
coal basin, home to many of our active and retired members and their
families.
“This is a victory for the UMWA in what promises to be a long battle for the
workers, retirees, their dependents and widows at Patriot who seek only
fairness. Company executives who try to evade their obligations through a
slick transfer of corporate assets need to know that the UMWA will fight in
every way possible to make sure a promise made is a promise kept.”