UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): ~~November~~December 215, 2019

Cloud Peak Energy Inc.

(Exact name of registrant as specified in its charter)

Delaware		001-34547		26-3088162
(State or other Jurisdiction of Incorporation)		(Commission File Number)		(IRS Employer Identification No.)

748 T-7 Road, Gillette, Wyoming		82718
(Address of Principal Executive Offices)		(Zip Code)

Registrant’s telephone number, including area code: (307) 687-6000

Not Applicable

(Former name or former address if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of Each Class		Trading Symbol(s)		Name of Each Exchange on Which Registered

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).

Emerging growth company o

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o

Item 71.0103 ~~Regulation~~Bankruptcy FDor Receivership.

In connection with Cloud Peak Energy Inc.’s and substantially all of its direct and indirect subsidiaries’ (collectively, the “Company”) ongoing cases under Chapter 11 (“Chapter 11”) of Title 11 of the U.S. Code, (the ~~Company~~“Bankruptcy isCode”), ~~furnishing~~on aDecember 5, ~~projected~~2019, ~~budget~~the ~~and~~United aStates ~~summary~~Bankruptcy Court for the District of ~~sources~~Delaware ~~and~~(the ~~uses~~“Bankruptcy Court”) entered the Findings of ~~cash~~Fact, ~~during~~Conclusions of Law, and Order (I) Approving the ~~Company~~Debtors’s Disclosure Statement and (II) Confirming the Revised First Amended Joint Chapter 11 ~~cases~~Plan of Cloud Peak Energy Inc. and Certain of its Debtor Affiliates [Docket No. 868] (the “Confirmation Order”), which ~~are~~approved ~~attached~~and ~~hereto~~confirmed asthe ~~Exhibits~~Revised 99First Amended Joint Chapter 11 Plan of Cloud Peak Energy Inc.1 and 99Certain of its Debtor Affiliates [Docket No.2 744], ~~respectively~~as modified by the Second Amended Joint Chapter 11 Plan of Cloud Peak Energy Inc. and Certain of its Debtor Affiliates [Docket No. 854] (the “~~Disclosed Information~~Plan”).

The ~~information~~Company inexpects ~~the~~that ~~Disclosed Information is dependent upon certain assumptions as set forth in~~ the ~~Disclosed~~effective ~~Information.~~date ~~Any financial projections or forecasts included in the Disclosed Information were not prepared with a view toward public disclosure or compliance with the published guidelines~~ of the ~~Securities~~Plan ~~and~~will ~~Exchange~~occur ~~Commission~~before or the ~~guidelines~~end ~~established by the American Institute~~ of ~~Certified~~2019 Public Accountants regarding projections or forecasts. The projections do not purport to present the Company’s financial condition in accordance with accounting principles generally accepted in the United States. The Company’s independent accountants have not examined, compiled or otherwise applied procedures to the projections and, accordingly, do not express an opinion or any other form of assurance with respect to the projections. The inclusion of the projections herein should not be regarded as ansoon ~~indication that the Company or its representatives consider the projections to be a reliable prediction of future events, and the projections should not be relied upon~~ as ~~such.~~all ~~Neither~~conditions ~~the~~precedent ~~Company nor any of its representatives has made or makes any representation~~ to ~~any person regarding~~ the ~~ultimate outcome of the Company~~Plan’s ~~proposed~~effectiveness ~~restructuring~~have ~~compared~~been tosatisfied ~~the projections, and none of them undertakes any obligation to publicly update the projections to reflect circumstances existing after the date when the projections were made~~ or towaived ~~reflect the occurrence of future events, even~~ in ~~the~~accordance ~~event~~with ~~that any or all of~~ the ~~assumptions underlying the projections are shown to be in error~~Plan.

The information ~~contained~~regarding inthe ~~this~~Plan ~~Item~~set ~~7.01~~forth ~~(including~~in ~~Exhibits 99.1~~Item ~~and 99~~1.2)03 isof ~~furnished~~the ~~pursuant~~Company’s toForm 8-K ~~this~~filed ~~Item~~on ~~7.01~~October 29, ~~and~~2019 ~~shall~~is ~~not~~incorporated beby ~~deemed~~reference ~~“filed”~~herein. ~~for~~The ~~purposes~~full oftext ~~Section 18~~ of the ~~Securities~~Second ~~Exchange~~Amended ~~Act~~Joint ofChapter ~~1934,~~11 orPlan ~~otherwise~~of ~~subject~~Cloud toPeak ~~the~~Energy ~~liabilities~~Inc. and Certain of ~~that~~its ~~Section,~~Debtor ~~notwithstanding~~Affiliates ~~any~~[Docket ~~general~~No. 854] ~~incorporation~~is byattached ~~reference~~as ~~language~~Exhibit 99.1 inhereto ~~other~~and ~~filings~~is incorporated by ~~the~~reference ~~Company~~herein.

~~Cautionary~~The ~~Note~~full ~~Regarding~~text ~~Forward-Looking~~of ~~Statements~~the Confirmation Order is filed as Exhibit 99.2 hereto and is incorporated by reference herein.

~~This~~Cautionary ~~Current~~Note ~~Report~~Regarding on Form 8-K contains “forward-looking statements” within the meaning of the safe harbor provisions of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Forward-~~looking~~Looking statements are not statements of historical facts and often contain words such as “may,” “will,” “expect,” “believe,” “anticipate,” “plan,” “estimate,” “seek,” “could,” “should,” “intend,” “potential,” or words of similar meaning. Forward-looking statements are based on management’s current expectations, beliefs, assumptions and estimates regarding the Company, industry, economic conditions, government regulations and energy policies and other factors. Forward-looking statements may include, for example, statements regarding the Company’s plans, strategies, prospects and expectations concerning its business, operating results, financial condition, liquidity and other matters that do not relate strictly to historical facts. These statements are subject to significant risks, uncertainties, and assumptions that are difficult to predict and could cause actual results to differ materially and adversely from those expressed or implied in the forward-looking statements, including risks and uncertainties regarding the Company’s ability to continue as a going concern; potential adverse effects of the Chapter 11 cases on the Company’s liquidity and results of operations; the Company’s ability to obtain timely approval by the Bankruptcy Court with respect to the motions filed in the Chapter 11 cases; the effects of the bankruptcy petitions on the Company and on the interests of various constituents, including holders of the Company’s common stock; the Bankruptcy Court’s rulings in the Chapter 11 cases, and the outcome of the Chapter 11 cases generally; the length of time that the Company will operate under Chapter 11 protection and the continued availability of operating capital during the pendency of the proceedings; risks associated with third-party motions in the Chapter 11 cases; and increased administrative and legal costs related to the Chapter 11 process and other litigation and inherent risks involved in a bankruptcy process. Forward-looking statements are also subject to the risk factors and cautionary language described from time to time in the reports and registration statements the Company files with the Securities and Exchange Commission, including those in Part I, Item 1A - Risk Factors in its most recent Form 10-K and any updates thereto in its Forms 10-Q and Current Reports on Form 8-K. Additional factors, events, or uncertainties that may emerge from time to time, or those that the Company currently deems to be immaterial, could cause its actual results to differ, and it is not possible for the Company to predict all of them. The Company makes forward-looking statements based on currently available information, and it assumes no obligation to, and expressly disclaim any obligation to, update or revise publicly any forward-looking statements made in this report, whether as a result of new information, future events or otherwise, except as required by law.Statements

This Current Report on Form 8-K contains “forward-looking statements” within the meaning of the safe harbor provisions of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Forward-looking statements are not statements of historical facts and often contain words such as “may,” “will,” “expect,” “believe,” “anticipate,” “plan,” “estimate,” “seek,” “could,” “should,” “intend,” “potential,” or words of similar meaning. Forward-looking statements are based on management’s current expectations, beliefs, assumptions and estimates regarding the Company, industry, economic conditions, government regulations and energy policies and other factors. Forward-looking statements may include, for example, statements regarding the Company’s plans, strategies, prospects and expectations concerning its business, operating results, financial condition, liquidity and other matters that do not relate strictly to historical facts. These statements are subject to significant risks, uncertainties, and assumptions that are difficult to predict and could cause actual results to differ materially and adversely from those expressed or implied in the forward-looking statements, including risks and uncertainties regarding the Company’s ability to continue as a going concern; potential adverse effects of the Chapter 11 cases on the Company’s liquidity and results of operations; the effects of the bankruptcy petitions on the Company and on the interests of various constituents, including holders of the Company’s common stock; the outcome of the Chapter 11 cases generally; the length of time that the Company will operate under Chapter 11 protection and the continued availability of operating capital during the pendency of the proceedings; and increased administrative and legal costs related to the Chapter 11 process and other litigation and inherent risks involved in a bankruptcy process. Forward-looking statements are also subject to the risk factors and cautionary language described from time to time in the reports and registration statements the Company files with the Securities and Exchange Commission, including those in Part I, Item 1A - Risk Factors in its most recent Form 10-K and any updates thereto in its Forms 10-Q and Current Reports on Form 8-K. Additional factors, events, or uncertainties that may emerge from time to time, or those that the Company currently deems to be immaterial, could cause its actual results to differ, and it is not possible for the Company to predict all of them. The Company makes forward-looking statements based on currently available information, and it assumes no obligation to, and expressly disclaim any obligation to, update or revise publicly any forward-looking statements made in this report, whether as a result of new information, future events or otherwise, except as required by law.

Item 9.01 Financial Statements and Exhibits

(d) Exhibits.

Exhibit Number		Description
99.1		13Second ~~week~~Amended ~~debtor-in-possession~~Joint ~~budget~~Chapter as11 Plan of ~~October~~Cloud ~~24,~~Peak ~~2019~~Energy Inc. and Certain of its Debtor Affiliates [Docket No. 854]
99.2		~~Summary~~Findings of ~~sources~~Fact, Conclusions of Law, and ~~uses~~Order (I) Approving the Debtors’ Disclosure Statement and (II) Confirming the Revised First Amended Joint Chapter 11 Plan of ~~cash~~Cloud Peak Energy Inc. and Certain of its Debtor Affiliates [Docket No. 868]

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: ~~November~~December 2110, 2019

CLOUD PEAK ENERGY INC.


By:	/s/ Bryan J. Pechersky
	Name:	Bryan J. Pechersky
	Title:	Executive Vice President, General Counsel and Corporate Secretary

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