Objection To Debtor'S Motion To Extend

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

In re:

PANTHERA ENTERPRISES, LLC,

Debtor

      BK No. 2:19-bk-00787

      Chapter 11

WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY,

Movant

v.

PANTHERA ENTERPRISES, LLC,

Respondent

WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY'S
OBJECTION TO DEBTOR'S MOTION TO EXTEND
TIME FOR DEBTOR TO FILE RESPONSE TO MOTIONS

West Virginia Economic Development Authority ("WVEDA"), by its counsel, objects to
the Debtor's Motion to Extend Time for Debtor to File Response to Motions ("Debtor's Motion")
and states as follows:

1.
Panthera Enterprises, LLC ("Debtor") initiated this bankruptcy case on September
13, 2019, with the filing of a voluntary petition for relief under Chapter 11 of the United States
Bankruptcy Code.
2.
On November 2, 2019, WVEDA filed its Motion to Convert This Case to a
Chapter 7 Proceeding, or, in the Alternative, Dismiss this Bankruptcy Case for Cause ("Motion
to Convert"), and its Motion for Relief from the Automatic Stay to Foreclose Against the Debtor's
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Real Property at 2506 Fish pond Road, Old Field, Hardy County, West Virginia ("Motion for
Relief" and with the Motion to Convert, "WVEDA's Motions").  Dkt. 52, 53.
3.
The Court convened a telephonic preliminary hearing on WVEDA's Motions on
November 12, 2019.  At that time, the Court set an evidentiary hearing to consider the Motion to
Convert for December 16, 2019, with the Motion for Relief held in abeyance pending a decision
on the Motion to Convert.  Dkt. 61.
4.
On November 15, 2019, the Court entered its Order regarding the scheduling of
WVEDA's Motions, which provided that (i) the parties may engage in discovery, and (ii) the
Debtor was to file its response to both WVEDA Motions by December 6, 2019.  Dkt. 61.
5.
 Today, one day before the deadline to respond, Debtor filed its Motion to Extend
Time for filing its response to WVEDA's Motion, requesting a 5 day extension to Wednesday,
December 11, 2019.  The Debtor did not contact WVEDA prior to filing its Motion.1
6.
The Debtor claims the extension is needed because, having been denied its
request to remove its tenant and subcontractor Panthera Training, LLC ("Training") from the
Debtor's facility in Hardy County, it is now in discussions with Training for the "near term
trainings to occur as scheduled." The Debtor claims it is "in the process of discussing and
finalizing such an agreement."  The Debtor then makes the conclusory statement that "any such
agreement is directly related to and will substantially affect its responses to the [WVEDA's]
Motions and will directly address many of the concerns expressed by the EDA."
7.
WVEDA fails to see how the Debtor's resolution of a contract dispute with
Training "directly relates to" or "substantially affects" a response to the WVEDA's Motions.
WVEDA is not a party to the contracts between Debtor and Training on which the Debtor's

1 WVEDA also sent to counsel on November 18, 2019, a request for certain documents in preparation for hearing on
WVEDA's Motion to Convert.  To date, the Debtor has not responded to the request.

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dispute is based.  WVEDA's Motions are not, in any way, based upon the Debtor's dispute with
Training, and the outcome of WVEDA's Motions does not turn on whether or not the Debtor
resolves its dispute with Training.  WVEDA's Motion to Convert is based upon the Debtor's bad
faith in filing its bankruptcy petition.  Resolution of the contract dispute -- which originated post-
petition with the Debtor -- is not going to address the Debtor's bad faith in filing for bankruptcy
protection.   The Debtor's request should be denied.

WHEREFORE, West Virginia Economic Development Authority objects to the Debtor's
Motion to Extend Time for Debtor to File Response to Motions, and respectfully requests this
Court deny the Debtor's request and grant such other and further relief as the Court deems
equitable and just.
Dated:  December 5, 2019

Respectfully submitted,

/s/  Debra Lee Allen

Debra Lee Allen, PA ID No. 94946
Spilman Thomas & Battle, PLLC
48 Donley Street, Suite 800
Morgantown, West Virginia  26507-0615
T: (304) 291-7920 | (304) 216-5835
F: (304) 291-7979
dallen@spilmanlaw.com
Counsel for West Virginia Economic
Development Authority

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
(Martinsburg)

In re

PANTHERA ENTERPRISES, LLC,

Debtor.

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BK No. 2:19-bk-00787

Chapter 11

WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY,

                                                Movant,

v.

PANTHERA ENTERPRISES, LLC,

                                                Respondent.

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CERTIFICATE OF SERVICE
I, Debra Lee Allen, hereby certify that on this 5th day of December, 2019, the foregoing
West Virginia Economic Development Authority's Objection to Debtor's Motion to Extend Time
for Debtor to File Response to Motions was served through the Court’s ECF system on all parties
registered to receive CM/ECF notices, including:
Mark A. Lindsay

Gary O. Kinder
John J. Richardson

U.S. Trustee's Office
Robert S. Bernstein

300 Virginia Street East, Rm. 2025
Bernstein-Burkley, P.C.

Charleston, WV  25301
707 Grant Street, Ste. 2200

U.S. Trustee
Pittsburgh, PA  15219
Counsel for the Debtor

/s/ Debra Lee Allen

Debra Lee Allen, WV Bar No. 9838

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