Exhibit (2019-09-23)
What This Document Is
A three-page Verification of Proposed Attorney, signed by Robert S. Bernstein, Esq., attached as exhibit 16-1 to the Application to Employ Bernstein-Burkley, P.C. (docket 16). Docket 16.1.
Factual Summary
Bernstein verifies under penalty of perjury that he is licensed to practice in West Virginia and in this court, that his firm's office is at 48 14th Street, Suite 301, Hare Building, P.O. Box 430, Wheeling, WV 26003, and that the firm has no disqualifying connection to Panthera Enterprises, LLC, its creditors, or other parties in interest, except as disclosed. Two conflict-waiver disclosures follow: (a) De Lage Landen Financial Services, Inc., a creditor of Panthera, which the firm represents in unrelated matters and has never represented in any matter related to Panthera, has agreed to a conflict waiver; and (b) US Food Services, Inc., also a Panthera creditor represented by the firm in unrelated matters (never in a Panthera-related matter), has similarly agreed to a waiver. Bernstein states the firm received no retainer in this matter, and that fees would be billed at standard hourly rates for the attorneys and personnel assigned, subject to court approval. He concludes that he and the firm are "disinterested persons" within the meaning of Bankruptcy Code §§ 101(14) and 327.
Key Facts
- Affiant: Robert S. Bernstein, Esq., Bernstein-Burkley, P.C., Wheeling, WV office at 48 14th Street, Suite 301.
- Discloses two Panthera creditors (De Lage Landen Financial Services, Inc. and US Food Services, Inc.) for whom the firm has agreed conflict waivers in unrelated matters.
- States the firm received no retainer in this matter and would bill at standard hourly rates.
- Filed 2019-09-23 as an exhibit to docket 16.
Source Caveats
- Use the linked source file for the complete verification text, including full hourly-rate schedule not reproduced above.
- Date
- 2019-09-23
Full text
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 VERIFICATION OF PROPOSED ATTORNEY I, Robert S. Bernstein, Esq. (the “Affiant”), herby verify, under penalty of perjury: 1) I am an attorney and counselor at law, duly admitted to practice in the State of West Virginia and in this Court. 2) I practice law with the law firm of Bernstein-Burkley, P.C (the “Firm”). The Firm maintains offices for the practice of law at 48 14th Street, Suite 301 Hare Building, P.O. Box 430, Wheeling, WV 26003. 3) The Firm has no connection with Panthera Enterprises, LLC (“Panthera”), the above named Debtor, its creditors, or any other party in interest herein, or their respective attorneys or accountants, except that Firm represents Panthera, in this proceeding. 4) The Firm represents no interest adverse to Panthera, or its estate in the matters upon which it is to be engaged, except as disclosed herein. 5) The Firm currently represents and out of an abundance of caution has received a conflicts waiver from the following creditors of Panthera Enterprises, LLC in other proceedings unrelated to this proceeding: a) De Lage Landen Financial Services, Inc. – De Lage Landen Financial Services, Inc. is a creditor of Panthera Enterprises, LLC. The Firm represents De Lage Landen Financial Services, Inc. in various matters. The Firm does not represent (and has never represented) De Lage Landen Financial Services, Inc. in any matter related to Panthera Enterprises, LLC. This creditor has agreed to a conflict waiver. No. 2:19-bk-00787 Doc 16-1 Filed 09/23/19 Entered 09/23/19 12:27:42 Page 1 of 3 b) US Food Services, Inc. – US Food Services, Inc. is a creditor of Panthera Enterprises, LLC. The Firm represents US Food Services, Inc. in various matters. The Firm does not represent (and has never represented) US Food Services, Inc. in any matter related to Panthera Enterprises, LLC. This creditor has agreed to a conflict waiver. 6) The Affiant knows of no other material connection. 7) Based on the foregoing, the Affiant believes that he and the Firm are disinterested “persons” within the meaning of Section 101(14) and 327 of the Bankruptcy Code. 8) Bernstein-Burkley, P.C. has not received a retainer in this matter. 9) The terms of the employment of Bernstein-Burkley, P.C. as agreed to by the Debtor-in-Possession, 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 hereto as Exhibit A. 10) 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. Robert S. Bernstein and 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. Dated: September 23, 2019 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) No. 2:19-bk-00787 Doc 16-1 Filed 09/23/19 Entered 09/23/19 12:27:42 Page 2 of 3 EXHIBIT A Initials Attorney Name 2019 Client Rates AWZ ART ZAMOSKY $ 325.00 BWW BRIAN W. WALSH $ 245.00 DMB DIANNE M. BARTONY $ 295.00 JCJ JENNIFER C. JOHNSON $ 295.00 JJR JOHN J. RICHARDSON $ 310.00 KE KEILA ESTEVEZ $ 200.00 KPE KERI EBECK $ 300.00 KCS KERRI C. STURM $ 325.00 KBB KIRK B. BURKLEY $ 425.00 KFP KIT F. PETTIT $ 340.00 LSM LARA S. MARTIN $ 275.00 MAL MARK LINDSAY $ 340.00 NDK NICHOLAS D. KRAWEC $ 385.00 RPW RAY P. WENDOLOWSKI $ 265.00 RSB ROBERT S. BERNSTEIN $ 550.00 SEW SARAH WENRICH $ 175.00 Paralegals CAB CHERYL A. BAUER $ 175.00 CNW CHRISTINA WIRICK $ 155.00 KEA KEITH ALEXANDER $ 125.00 JFB JIM BLUEMLE $ 145.00 RLM RACHEL MCCARTNEY $ 145.00 AS ABIGAIL SMITH $ 145.00 No. 2:19-bk-00787 Doc 16-1 Filed 09/23/19 Entered 09/23/19 12:27:42 Page 3 of 3
File and source
- File
- gov.uscourts.wvnb.75953.16.1.pdf
- Size
- 106,463 bytes
- SHA-256
- 67c0f6d906827286173180740b4dd29814c2b286ae608aa90b9c879ecd0ac22b
- Our copy
- gov.uscourts.wvnb.75953.16.1.pdf
- Original
- PACER (login required)