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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA (Elkins)
IN RE:
PANTHERA ENTERPRISES, LLC,
Debtor.
Bankruptcy No. 2:19-bk-00787
Chapter 11
APPLICATION TO EMPLOY BERNSTEIN-BURKLEY, P.C. AS
ATTORNEYS TO THE DEBTOR
AND NOW COMES, Panthera Enterprises, LLC, (“Panthera” or “Debtor”), by and
through its attorneys, Bernstein-Burkley, P.C. and files the following Application to Employ
Attorneys, stating as follows:
1.
On September 13, 2019 (the “Petition Date”), Panthera filed a voluntary petition for
relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101, et seq. (the “Bankruptcy Code”).
2.
Panthera remains in possession of its assets and is managing its business as a
debtor-in-possession, pursuant to §§ 1107 and 1108 of the Bankruptcy Code.
2.
As Debtor-in-Possession, Panthera wishes to employ Bernstein-Burkley, P.C.,
attorneys duly admitted to practice in this Court.
3.
Panthera has selected Bernstein-Burkley, P.C. because they have had considerable
experience in matters of this character, and Panthera believes that Bernstein-Burkley, P.C. is well
qualified to represent it as a Debtor-in-Possession in this proceeding.
4.
The professional services that Bernstein-Burkley, P.C. are to render include:
a.
Providing Panthera legal advice with respect to its powers and duties as
Debtor-in-Possession in the continued operation of its business and
management of its property;
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b.
preparing on behalf of Panthera, as Debtor-in-Possession, necessary
applications, Answers, Orders, reports and other legal papers;
c.
performing all other legal services for Panthera as Debtor-in-Possession
which may be necessary herein.
5.
It is necessary for Panthera as Debtor-in-Possession to employ an attorney for
such professional services.
6.
To the best of Panthera Enterprises, LLC’s knowledge, Bernstein-Burkley, P.C.
has no connection with any creditors, or any other party in interest, or their respective attorneys,
other than disclosed on the Verification of Robert S. Bernstein, Esq. (the “Verification”),
attached hereto.
7.
The terms of the employment of Bernstein-Burkley, P.C., as agreed to by the
Debtor-in-Possession and subject to the approval of the Court, are that certain attorneys and
other personnel within the firm will undertake this representation at their standard hourly rates.
The individuals presently designated to represent the Debtor-in-Possession and their hourly
rates as of January 1, 2019 are attached as Exhibit A to the Verification.
8.
These hourly rates are subject to periodic adjustments to reflect economic and
other conditions, and with respect to those below the level of senior partner, to reflect their
increased experience and expertise in this area of the law. Bernstein-Burkley, P.C. may make
periodic applications for interim compensation, and if, at the completion of the case the results
merit it, may make application to the Court for the allowance of a premium above their
designated hourly rates.
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9.
Except as may be disclosed in the Verification, Bernstein-Burkley, P.C. represents
no interest adverse to Panthera Enterprises, LLC as Debtor-in-Possession or the estate in the
matters upon which they are to be engaged for the Debtor-in-Possession.
10.
Panthera submits that Bernstein-Burkley, P.C.’s employment would be in the best
interest of Panthera Enterprises, LLC’s bankruptcy estate.
11.
Bernstein-Burkley, P.C. reserves the right to file a Supplemental Verification
upon filing of the completed Petition.
WHEREFORE, Panthera Enterprises, LLC, requests that its application for employment
of Bernstein-Burkley, P.C. under the terms specified to represent it as Debtor-in-Possession in
this case under Chapter 11 of the Bankruptcy Code be approved by the Court as of September
13, 2019, and that it have such other and further relief as is just.
Dated: September 23, 2019
PANTHERA ENTERPRISES, LLC
By: /s/James V. Punelli
BERNSTEIN-BURKLEY, P.C.,
By: /s/ Robert S. Bernstein
Robert S. Bernstein, Esq.
WV Bar Id. No. 4708
707 Grant Street, 2200 Gulf Tower
Pittsburgh, PA 15219
rbernstein@bernsteinlaw.com
(412) 456-8101 (phone)
(412) 456-8135 (fax)
Proposed Attorney for Debtor
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Certificate of Service
I, Robert S. Bernstein, Esq., hereby certify that the within Application to Employ
Bernstein-Burkley, P.C. as Attorneys to the Debtor, was served this 23rd day of September, 2019
via the Court’s CM/ECF system.
BERNSTEIN-BURKLEY, P.C.,
By: /s/ Robert S. Bernstein
Robert S. Bernstein, Esq.
WV Bar Id. No. 4708
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