Patriot initially requested documents from its former parent Peabody in January and was given formal authority to compel a turnover of information by bankruptcy judge Kathy Surratt-States in April.

According to Bloomberg, Patriot filed papers in Bankruptcy Court last week scheduling a hearing on September 13 for compelling the completion of document production by October 1.

So far, Peabody has produced just 3428 documents and told Patriot it cannot complete the full document production until early next year, the filing said.

Patriot said it wanted to use the documents to decide if the spinoff “constituted an actual or constructive fraudulent transfer”

In previous court papers, Patriot claimed Peabody rid itself of “approximately $600 million of retiree healthcare liabilities, along with hundreds of millions of dollars of other liabilities, including environmental reclamation obligations and black lung benefits”

Patriot filed for bankruptcy in July 2012.