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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
In re
PANTHERA ENTERPRISES, LLC,
Debtor.
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BK No. 2:19-BK-00787
Chapter 11
PANTHERA TRAINING, LLC, and
WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY,
Movants,
v.
PANTHERA ENTERPRISES, LLC,
Respondent.
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JOINT MOTION TO CONVERT THIS CASE TO A CHAPTER 7
PROCEEDING FOR CAUSE PURSUANT TO 11 U.S.C. § 1112(b)(1)
Panthera Training, LLC ("Panthera Training") and West Virginia Economic
Development Authority ("WVEDA" and with Panthera Training, "Movants"), each by its
counsel, moves this Court to convert this Chapter 11 bankruptcy case for cause to a proceeding
under Chapter 7, pursuant to 11 U.S.C. § 1112(b)(1). In support of their Motion, Movants state
as follows:
Background Facts
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.
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2.
Panthera Training, LLC is a Virginia limited liability company that is not
related to the Debtor or the Debtor’s subsidiary, Panthera Training Center, LLC (“Center”).
Affidavit of Robert L. Starer attached hereto as Exhibit A, ¶¶ 1, 4.
3.
WVEDA is the Debtor's largest creditor, with a claim of $6,477,180.47
based upon two loans made to the Debtor prepetition. Claim # 4. WVEDA's claim is secured by
a lien against a 750 acre tract of land, in Hardy County, West Virginia ("Real Property"),
scheduled as property of the Debtor. Id., Doc 23, p. 2. The Real Property is the site of a military
and law enforcement personnel training facility ("Facility"). Ex. A, ¶ 2.
4.
On June 1, 2018, when Debtor was on the verge of foreclosure by the
WVEDA, Debtor entered into a long term Commercial Lease Agreement with Panthera Training,
pursuant to which Panthera Training leased the Real Property. Doc 52-6, p.1 and Ex. A, ¶ 2.
5.
In addition, on June 1, 2018, Panthera Training became a subcontractor of
the Debtor and its subsidiary, Center, to conduct training at the Facility that Debtor and Center
contracted to provide to third parties. Doc 52-7.
6.
Currently, Panthera Training conducts training that Debtor contracted to
provide to the Drug Enforcement Administration (the "DEA Contract"). This is the Debtor's sole
contract. Panthera Training also conducts training for Center under its two contracts, referred to
as "SOCOM" and "1st CIG." Ex. A, ¶ 3.
7.
The Debtor has no employees. Excerpts from the transcript of the
Debtor's 341 meeting conducted October 18, 2019 are attached hereto as Exhibit B,, 11:9.1 The
Debtor is managed by Mr. Punelli and Mr. Jones. Ex. B, 13:7. Mr. Punelli and Mr. Jones also
manage Center. Ex. B, 29:7.
1 The full transcript is available at Doc 52-5.
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8.
Mr. Punelli maintains the Debtor's books and records of the Debtor. Doc
23, p.38; Ex. B, 56. The Debtor has not retained an accountant since May 1, 2018. Id. Mr.
Punelli prepared the Debtor's taxes for 2018. Exhibit B, 56:3-4. Mr. Punelli signed each of the
Operating Reports filed in this case under penalty of perjury that the information reported was
true and correct.
9.
The Debtor's only business is as a landlord under the Commercial Lease
with Panthera Training and as the contractor under its sole contract with the DEA. By agreement
of the Debtor, the base rent due under the Commercial Lease is paid directly to the WVEDA, to
be applied to the indebtedness owed on the loans made to the Debtor prepetition. Doc 52-6, p.10
The full amount of fees paid for the training contracted by the DEA are to be paid directly to
Panthera Training. Doc 52-7, p. 26.
Argument
10.
Panthera Training and WVEDA request this Court, pursuant to 11 U.S.C.
§ 1112(b)(1), for cause, to convert this case to a Chapter 7 proceeding with the appointment of a
trustee. Cause exists based upon (a) gross mismanagement of the bankruptcy estate; (b) failure
to maintain appropriate insurance; and (c) continuing loss and diminution of the estate and the
absence of a reasonable likelihood of rehabilitation. 11 U.S.C. § 1112(b)(4)(A) - (C).
11.
Determination of whether cause exists to convert a case to a Chapter 7
proceeding involves a fact-specific inquiry of a debtor's postpetition circumstances. In re
Creech, 538 B.R. 245, 248 (E.D. N.C. 2015). Upon movant's prima facie showing that cause
exists, the court determines whether unusual circumstances exist to prevent conversion. Id.
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A.
Debtor's Gross Mismanagement Supports Conversion
12.
Debtor's Operating Reports repeatedly report payments made to Panthera
Training to be payments for a training course conducted by Panthera Training under the Debtor's
DEA Contract when, in fact, these were payments made to Panthera Training for training
conducted by Panthera Training under Center's contracts. In other words, the Operating Reports
represent the Debtor is using Debtor's funds to pay Panthera Training for the DEA training
conducted in September 2019 under the Debtor's contract when the payments are actually being
made to Panthera Training for training conducted under Center's contracts. The filing of
materially inaccurate operating reports supports a finding of gross mismanagement as cause for
conversion. In re Creech, 538 at 251 (citations omitted).
13.
Debtor's misrepresentations can only be shown by analyzing each of the
Operating Reports sequentially, as follows:
September, 2019 Operating Report (Doc 37)
14.
Post-petition, in September, 2019, Panthera Training conducted a training
course under the Debtor's DEA contract, generating an invoice in the amount of $172,000, which
amount was payable by the DEA to the Debtor as the contractor, and then was to be immediately
paid to Panthera Training. Debtor's September, 2019 Operating Report correctly shows a
Receivable of $177,883.00, due October 23, 2019, for the "Drug Enforcement Administration
("DEA") Training Class." Doc 37, p. 10.
15.
However, the September, 2019 Operating Report also reported a payable
to Center in the amount of $138,750 for “Training COGS” [Cost of Goods Sold]. Doc 37, p. 9.
This is inaccurate. Center does not conduct any training for the Debtor. The only training
conducted for the Debtor is by Panthera Training under the DEA Contract.
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October, 2019 Operating Report (Doc 63)
16.
On October 21, 2019, the DEA paid the Debtor $172,000 for the
September, 2019 course taught by Panthera Training. Doc 63, p. 7 (showing "Cash Receipts" of
$172,000 for "DEA Training Contract") and p. 13 (showing $172,000 deposited in the Debtor's
bank account). The receipt of this $172,000 generated a payable to Panthera Training in like
amount. Ex. A, ¶ 23. However, the payable to Panthera Training is not reported in the
Operating Report. Doc 63, p. 9. The Debtor’s $172,000 payable to Panthera Training, to date,
has not been paid, and is the subject of a separate adversary proceeding.
17.
Also, in the October Operating Report, under "Disbursements," Debtor
shows $134,160 being disbursed to Center, falsely labeled as payment to Center on the “DEA
Contract." Doc 63, p. 8. The Debtor then added a notation with that disbursement that reads:
"Paid in error, will be refunded and shown on the November operating report." Doc 63, p. 16,
showing $172,000 received from the DEA and $134,160 paid to Center, with the notation "PTC
Payment - Sept DEA Class." “PTC” is a reference to Center. Again, Center did not conduct any
DEA training for the Debtor. Ex. A, ¶ 23.
November, 2019 Operating Report (Doc 80)
18.
The $134,160 Debtor paid to Center "in error" in October was not returned
to the Debtor in November. Doc 80, p. 6. The November Operating Report notes: "there was a
miscommunication/oversight during the month of November and the October 21, 2019 $134,160
payment to Panthera Training Center was not refunded during the month of November as
planned, but has since been returned in December and will reflect the same on the next report."
Doc 80, p. 6 (emphasis added).2
2 At this juncture, it is worth noting once more that the Debtor has no employees and no accountant. Ex. B, 11:9; ,
Doc 23, p. 38. Likewise, Center has no employees. Ex. B, 72:4. Mr. Punelli keeps the books of the Debtor and he
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December, 2019 Operating Report (Doc 93)
19.
Despite the representation in the November Operating Report that the
October 21, 2019 $134,160 payment has "since been returned in December," it was not. The
December Operating Report reflects a refund of $50,000 on 12/6/2019 and a refund of $50,000
on 12/18/2019, each characterized as "DEA payment refund from PTC (Sept Class)." Doc 93,
p. 15. Of the total $134,160 paid to Center "in error," only $100,000 had been refunded by
December 20, 2019 when Debtor filed its November 2019 Operating Report. The December
Operating Report reported that "the remaining $34,160.00 that was paid to Panthera Training
Center, LLC will be refunded and reflected on the January operating report." Doc 93, p. 7.
However, as noted below, the $34,160.00 was not refunded to the Debtor until February 18,
2020. Doc 112, p. 12.
20.
The December Operating Report also reports $44,464.80 paid to Panthera
Training, labeled "DEA payment to PT (Sept Class)." Doc 93, p. 13. However, this $44,464.80
disbursement was not a payment for the DEA course conducted by Panthera Training in
September 2019. Rather, it was payment of a $44,464.80 invoice owed to Panthera Training by
Center.
21.
As noted above, in addition to its subcontract with Debtor, Panthera
Training subcontracted with Center to conduct training courses under Center's two contracts
referred to as SOCOM and 1st CIG. Ex. ¶ 3. In September 2019, Training conducted a training
class for Center under its SOCOM contract, which generated an invoice payable to Panthera
Training in the amount of $44,464.80. Ex. A, ¶¶ 5, 6 (Ex. 1).
(and Mr. Jones) are the sole managers for Debtor and Center. Further, Mr. Punelli’s December 31, 2019 email to
Panthera Training confirms that Mr. Punelli is coordinating the subcontract task orders for training for both the
Debtor's DEA Contract and Center's SOCOM and 1st CIG contracts. Ex. A, ¶ 15 (Ex. 4).Consequently, one is left to
conclude that the "miscommunication/oversight" was between Mr. Punelli and Mr. Punelli.
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22.
In a January 28, 2020 email, Panthera Training communicated with Mr.
Punelli about the status of several delinquent invoices owed by Center to Panthera Training for
courses conducted under Center's contracts, including a $30,200 invoice for a course conducted
under the 1st CIG contract and the $44,464.80 invoice for the September course conducted under
the SOCOM contract. Mr. Punelli replied with notes on Panthera Training's email, stating that
Center's $44,464.80 SOCOM invoice was paid December 6, 2019. Ex. A, ¶¶ 7-10 (Ex. 2)
23.
Indeed, Panthera Training received $44,464.80 by wire transfer on
December 6, 2019. Ex. A, ¶ 11. However, the $44,464.80 payment was paid by the Debtor,
from the Debtor's funds, not by Center. Further, Debtor reported the payment in its December
Operating Report as "DEA payment to PT (Sept Class)," not payment for Center's 1st CIG class.
Doc 93, p. 13. Debtor's December bank statement confirms the $44,464.80 wire on December 6,
2019 paid from the Debtor's account. Doc 93, p. 11.
Debtor’s January, 2020 Operating Report (Doc 98)
24.
Panthera Training conducted another training course for Center in
November 2019, under the SOCOM contract, generating and sending an invoice payable by
Center in the amount of $30,200. Ex. A, ¶¶ 12, 13 (Ex. 3)
25.
By email dated December 31, 2019, Mr. Punelli advised that a wire in
payment of this invoice had been sent to Panthera Training. Ex. A, ¶¶ 14, 15 (Ex. 4). Panthera
Training received the $30,200 by wire transfer on January 2, 2020. Ex. A. ¶ 16.
26.
Debtor's January Operating Report shows the disbursement to Panthera
Training for $30,200 on January 2, 2020, which Debtor reported as "Payment for Sept 19, 2019
DEA Train[ing]." Doc 98, pp. 7, 11. Debtor's bank statement confirms a wire in the amount of
$30,200 paid from the Debtor's account. Doc 98, p. 10. Again, Debtor paid a payable that
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Center owed Panthera Training from the Debtor's account and reported it as payment of the
Debtor's payable to Panthera Training for the Debtor’s September 2019 DEA contract training.
Debtor’s February, 2020 Operating Report (Doc 110)
27.
Panthera Training conducted another training course for Center in January
2020 under the 1st CIG contract, which generated a second invoice to Center in the amount of
$30,200. Ex. A, ¶ 17 (Ex. 5)
28.
By email dated February 19, 2020, Mr. Punelli advised that a wire in
payment of the "1st CIG January class" had been sent that day. Ex. A, ¶ 19 (Ex. 6).
29.
Panthera Training received $30,200 by wire transfer on February 19,
2020. Ex. A, ¶ 21. However, as with the other wire transfers received by Panthera Training to
pay the invoices owed by Center, the February Operating Report reports the payment coming
from the Debtor's account. Doc 110, p. 8.
30.
The February Operating Report shows $30,200 wired to "PT" on February
12, 2020 and again on February 19, 2020. Doc 110, p. 11. Each payment is reported as being a
"DEA payment to PT (Sept Class)," (Doc 110, p. 12.) but the wire transfer sent to Panthera
Training on February 19, 2020 paid for the 1st CIG contract training Panthera Training
performed for Center.
31.
Panthera Training did not receive the $30,200 wire reported in the
February Operating Report to have been sent February 12, 2020. Ex. A, ¶ 21. The "Reconciled
Report" at page 12 suggests that perhaps this payment was sent to Center, not Panthera Training,
because there is a subsequent "Repayment" of the same amount, i.e., $30,200, to the Debtor by
Center on February 26, 2020 which is labeled "Repayment for DEA mistaken payment to PTC
(Sept Class). Doc 110, p. 12.
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32.
Last, in February, 2020, the remaining $34,160 of the $134,160 payment
sent to Center in October 2019 was returned to the Debtor, labeled "DEA payment refund from
PTC (Sept Class)." Doc 110, p. 12.
33.
There are other entries in the Operating Reports that raise questions. For
example, each month, precisely $800 is paid to Mr. Punelli as "Misc Fees - Travel and
Expenses", reporting that Mr. Punelli incurred the same $800 in reimbursable miscellaneous fees
and expenses each month. Doc 63, p.8; Doc 80, p. 7; Doc 93, p. 8; Doc 98, p. 7; Doc 110, p. 8;
Doc 118, p. 8. Mr. Punelli is not an employee of the Debtor, raising the question of whether
these are administrative expenses that should be approved by the Bankruptcy Court. On the
same pages, each month there is a payment of $450 to "ARB Investments" for "ERP Cloud Fee."
There has been no explanation of what or who ARB Investments is or what service it is
providing to the Debtor. Further, in the March Operating Report, there is a disbursement of
$2,130.50 to the "WV Secretary of State" for "Real estate taxes, 148 acre parcel." Doc 118, p. 8.
The Debtor has not scheduled, nor disclosed ownership of, a 148 acre parcel, for which taxes
would be paid by the Debtor.
34.
Analysis of the Debtor's Operating Reports provides multiple grounds for
a finding of cause based on gross mismanagement. In the first instance, Debtor's Operating
Reports are simply not reliable.
The duty to create and maintain records that accurately reflect a debtor's financial
activities while under the protection of the Bankruptcy Court is one of the debtor's
basic obligations.
In re V Companies, 274 B.R. 721, 739 (N.D. Ohio 2002). Characterized as the "life-blood" of
the Chapter 11 process, Operating Reports are the means by which creditors can monitor the
debtor's post-petition operation. In re Tucker, 411 B.R. 530, 535 (S.D. Ga. 2009). Failure to
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accurately report raises questions about the debtor's ability to effectively reorganize, and
incomplete, misleading, and materially false monthly reports are grounds for finding cause to
convert this case to a Chapter 7. Id.
35.
In addition, the discrepancies cited above suggest something more than
mere mathematical or clerical errors. In each instance, Center received payment from the
contracting party for the training work performed by Panthera Training (Ex. A, ¶ 22), but rather
than cause Center to use those funds to pay Center's obligations, the Debtor elected to deplete the
Debtor's dwindling cash and report in its Operating Reports that it was properly applying the
Debtor's funds in payment of the Debtor's obligations.
36.
The Debtor's use of it funds to pay its subsidiary's debts constitutes
"cause" as referenced in 11 U.S.C. § 1112(b)(4). In re 1243 20th Street, Inc., 6 B.R. 683 (Bankr.
D. D.C. 1980) (transfer of $60,000 to an affiliate by an insolvent debtor warranted appointment
of an examiner under section 1104 of the Bankruptcy Code); In re Sharon Steel Corp., 86 B.R.
455 (Bankr. W.D. Pa. 1988) (appointment of chapter 11 trustee was necessary to maintain
viability of debtor's business where debtor transferred significant assets to other companies under
common control.)
37.
Further, the Debtor has misled the Court and its creditors into believing it
disbursed $104,864.80 ($44,464.80 + $30,200 + $30,200) to pay the Debtor’s obligations,
leaving the funds received by Center to pay Center’s obligations outside the purview of the
Bankruptcy Court and the Debtor’s creditors.
B.
Debtor's Failure to Maintain Appropriate Insurance Supports Conversion
38.
Debtor allowed its property casualty insurance to lapse, and as of the filing
of this Motion, has failed to secure adequate replacement insurance.
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39.
Prepetition, the Debtor maintained Commercial Property Insurance and
Liability Insurance for the Debtor. Attached as Exhibit C are Certificates of Commercial
Property Insurance and Liability Insurance previously provided to the WVEDA, with a term of
October 31, 2018 through October 31, 2019.
40.
In April of this year, WVEDA requested the Debtor to provide proof of
insurance for the post-October 31, 2019 term. It was assumed the insurance had been renewed
because the WVEDA had not been notified otherwise and there was no indication in the Debtor's
Operating Reports that insurance had lapsed. Attached as Exhibit D is a copy of an email string,
in which counsel for WVEDA initially requested proof of insurance.
41.
In response, the Debtor indicated it was Panthera Training's obligation
under the Commercial Lease Agreement to provide insurance. WVEDA disagreed in its April 7,
2020 response, at least insofar as property casualty insurance was concerned, and again
requested proof of insurance. Ex. D. The U.S. Trustee's Office was copied on the email string.
42.
On April 7, 2020, the U.S. Trustee's Office filed its Motion to Dismiss or
Convert to Chapter 7 for failure to maintain adequate insurance.
43.
On April 24, 2020, Debtor responded to the U.S. Trustee's Motion to
Dismiss or Convert to Chapter 7, stating that Debtor had procured a policy of casualty insurance
as required by the U.S. Trustee. The Certificate attached as Exhibit E was provided with the
Debtor's response.
44.
The insurance procured by the Debtor is for the term of April 17, 2020
through April 17, 2021 and covers only replacement cost of the buildings on the Real Property
("April 2020 Insurance"). It does not cover the Real Property, which is a 750 acre wooded tract,
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integral to the training conducted at the Facility. It does not cover items previously included,
such as infrastructure and utilities.
45.
The total coverage amount for the April 2020 Insurance, for replacement
cost, is $2,149,000. This is less than a third of the $6,224,500 in coverage that was procured for
the October 31, 2018 - October 31, 2019 term. Ex. C.
46.
The Debtor scheduled its Real Property with a value of $15,050,000. Doc
23, p. 2. It scheduled nearly $9 million in claims secured by the Real Property. Id. The
$2,149,000 in replacement cost is wholly inadequate to protect the interest of the Debtor's
creditors.
47.
The Debtor's failure to maintain insurance and to procure insurance in an
amount that would sufficiently protect the interests of its creditors is grounds for finding cause to
convert this case to a Chapter 7 proceeding under 11 U.S.C. § 1112(b)(1).
C.
Debtor's Continuing Loss and Diminution of the Estate with the
Absence of a Reasonable Likelihood of Rehabilitation Supports Conversion
48.
The Debtor’s Operating Reports reflect a continuing loss and diminution
of the bankruptcy estate. The Debtor has reported a net loss for every month of operations other
than December, 2019, with February, 2020 posting its largest single-month loss in the amount of
$204,891.94. Doc 63, p. 17 (October, 2019 $17,870.78 loss), Doc 80, p. 11 (November, 2019
$18,749.53 loss) Doc 93, p. 14 (December, 2019 $37,422.30 net income), Doc 98, p. 12,
(January, 2020 $48,194.20 loss), Doc 110, p. 13 (February, 2020 $204,891.94 loss), and Doc
118, p, 13 (March, 2020 $17,553.83 loss). Debtor reported net income for December 2019, but
only because it reduced its “Subcontractors” direct costs by $55,535.20. Doc 93, p. 14. Yet, the
Debtor’s December, 2019 Operating Report reveals no receipt or credit that supports the
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Debtor’s $55,535.20 reduction in its direct costs, again questioning the reliability of the Debtor's
Operating Reports.
49.
Further, there is nothing whatsoever in any of the Debtor’s Operating
Reports that supports the notion that the Debtor can rehabilitate its failing financial condition.
The Debtor’s Operating Reports show no net income. Over the past six months, Debtor's cash
receipts consist principally of payments made by the DEA for training conducted by Panthera
Training under the Debtor's DEA Contract, of which 100% of the receipts are payable to
Panthera Training. Doc 63, p. 13 ($172,000); Doc 98, pp. 6-7 ($168,000), and Doc 110, pp. 7-8
($168,000). As noted above, the Debtor’s Operating Reports also reflect the eventual return of
the $134,160 that had been moved to Center at the beginning of the bankruptcy case. But
Center’s return of improperly transferred funds does not constitute "income" to the Debtor. The
Debtor simply has no net income. Without a source of income, it is difficult to conceive of how
this Debtor could possibly rehabilitate.
50.
The continuing loss to or diminution of the Debtor’s estate and the
absence of a reasonable likelihood of rehabilitation constitutes cause under 11 U.S.C.
§1112(b)(4) for grounds to support conversion of this case to a Chapter 7.
D.
Debtor's Burden to Avoid Conversion
51.
This Motion establishes multiple bases on which to find cause for
converting this case to a Chapter 7 proceeding under 11 U.S.C §1112(b). The Debtor’s burden
to avoid conversion is daunting. Nonetheless, the Debtor may avoid conversion only by
establishing all of the following conjunctive conditions:
(a)
Unusual conditions such that conversion is not in the best interest of
creditors. [11 U.S.C. §1112(b)(2)]; and
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(b)
A reasonable likelihood that a plan will be confirmed within a reasonable
period of time; [11 U.S.C. §1112(b)(2)(A)]; and
(c)
Most importantly in the matter at hand, a reasonable justification for the
acts and omissions of the Debtor, and that they will be cured within a reasonable time fixed by
the Court [11 U.S.C. §1112(b)(2)(B)].
52.
There are no unusual circumstances that would prevent conversion of this
case, and it is beyond peradventure that the Debtor’s acts cannot be reasonably justified.
WHEREFORE, Panthera Training, LLC and the West Virginia Economic
Development Authority request that the Court convert this case to one under Chapter 7 with the
appointment of a Chapter 7 Trustee, and grant such other and further relief as this cause merits.
PANTHERA TRAINING, LLC
By Counsel
/s/ Douglas E. Kahle, Esq.
Douglas E. Kahle (VA BAR No. 15964)
BASNIGHT, KINSER, LEFTWICH & NUCKOLLS, P.C.
308 Cedar Lakes Drive, 2nd Floor
Chesapeake, Virginia 23322
Telephone: (757) 547-9191
Facsimile: (757) 547-9135
E-mail: DKahle@basnightkinser.com
-and-
/s/ Zachary J. Rosencrance
Julia A. Chincheck (WV Bar No. 718)
Michael R. Proctor (WV Bar No. 9122)
Zachary J. Rosencrance (WV Bar No. 13040)
BOWLES RICE LLP
600 Quarrier Street
Post Office Box 1386
Charleston, West Virginia 25325-1386
Telephone: (304) 347-1100
Facsimile: (304) 343-3058
E-mail: jchincheck@bowlesrice.com
E-mail: mproctor@bowlesrice.com
E-mail: zrosencrance@bowlesrice.com
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WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY
By Counsel
/s/ Debra Lee Allen
Debra Lee Allen (WV Bar No. 9838)
48 Donley Street, Suite 800
Morgantown, WV 26507-0615
Remote Location:
292 Pleasant Valley Drive
Charles Town, West Virginia 25414
304.291.7920 | 304.216.5835 (telephone)
304.291.7979 (facsimile)
dallen@spilmanlaw.com
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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, Zachary J. Rosencrance, hereby certify that on this 7th day of May 2020, the foregoing
Joint Motion to Convert this Case to a Chapter 7 Proceeding for Cause pursuant to 11 U.S.C. ¶
1112(b)(1) 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/ Zachary J. Rosencrance
Zachary J. Rosencrance (WVSB# 13040)
11885263.1
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