Bernstein-Burkley Final Fee Application — In re Panthera Enterprises
- Date
- 2019-10-10
Source document: Bernstein-Burkley Final Fee Application — In re Panthera Enterprises; document type: final fee application, with exhibits and proposed order.
Full text
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
IN RE:
PANTHERA ENTERPRISES, LLC
Debtor,
BERNSTEIN-BURKLEY, P.C.
Applicants.
v.
NO RESPONDENTS.
Bankruptcy Case No.
Chapter 11
SUMMARY COVER SHEET
1.
Your applicant was appointed on October 10, 2019 nunc pro tunc to September 13, 2019 as
Counsel for the chapter 11 Debtor.
2.
Your applicant represents PANTHERA ENTERPRISES, LLC.
3.
The total amount of the compensation requested is $260,551.00 for the period from September
13, 2019 through September 30, 2020.
4.
The compensation is Final.
5.
No retainer was paid by the Debtor to Bernstein-Burkley, P.C.
6.
The amount of compensation previously requested is 0.00.
7.
The amount of compensation previously approved is 0.00.
8.
The amount of compensation previously paid is 0.00.
9.
The total amount of expenses for which reimbursement is sought is $3,427.21 and is for the
period from September 13, 2019 through September 30, 2020.
10.
The amount of expenses previously requested is 0.00.
11.
The amount of expenses previously approved is 0.00.
12.
The amount of expenses previously paid is 0.00.
13.
The blended hourly rate for this application is 298.73.
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14.
Other factors bearing on fee application:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
BERNSTEIN-BURKLEY, P.C.
Dated: 10/19/2020
By: /s/ John J. Richardson_____
John J. Richardson, Esq.
WV Bar No. 13140
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
Ph: 412-456-8100 Fax: 412-456-8135
jrichardson@bernsteinlaw.com
Counsel for Chapter 11 Debtor
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
IN RE:
PANTHERA ENTERPRISES, LLC
Debtor,
BERNSTEIN-BURKLEY, P.C.
Applicants.
v.
NO RESPONDENTS.
Bankruptcy Case No.
Chapter 11
APPLICATION FOR FINAL COMPENSATION AND
REIMBURSEMENT OF EXPENSES BY BERNSTEIN-BURKLEY, P.C,
COUNSEL FOR THE CHAPTER 11 DEBTOR, PANTHERA ENTERPRISES, LLC
This application is for Compensation by Bernstein-Burkley, P.C., as counsel for the chapter 11
Debtor, Panthera Enterprises, LLC, and respectfully represents:
1.
Panthera Enterprises, LLC (“Debtor” or “Panthera”) filed a Voluntary Bankruptcy Petition
on September 13, 2019.
2.
On September 23, 2019, Bernstein-Burkley filed an Application for Employment as Counsel
to the Debtor with this Honorable Court, and pursuant to the entry of the Order of Court dated October 10,
2019, Applicant has been serving in that capacity. A copy of the Order is attached hereto, marked as Exhibit
"A".
3.
On July 21, 2020, by Order of Court, this matter was converted from Chapter 11 to Chapter 7.
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4.
A list of (a) the attorneys and paraprofessionals contributing the services for which
compensation is sought, their billing rates and years of experience is attached hereto as Exhibit “B” and (b)
charges for services by category and a listing of all expenses for which reimbursement is sought is attached
hereto, marked as Exhibit “C”.
5.
A narrative statement of the services rendered in each category and a summary of the time
and charges of each professional who rendered services and the grand total of all time and charges for
services rendered in each category, is as follows:
.01
Case Administration. Services rendered in this category include general case
management, preparation of first day motions and communications with the US Trustee. The
total hours in this category are 93.20, for which compensation is sought in the amount of
$28,935.00. A summary of the attorneys and paraprofessionals who provided services in this
category is as follows:
.02
Petition. Services rendered in this category pertain to matters include review of
pertinent documents, preparation of the petition and schedules, etc.. The total hours in this
category are 46.75 for which compensation is sought in the amount of $10,435.50. A
summary of the attorneys and paraprofessionals who provided services in this category is as
follows:
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
8.20
4,510.00
Mark S. Lindsay
(MAL)
55.90
19,125.00
Salene M. Kraemer
(SMK)
2.10
682.50
John J. Richardson
(JJR)
.30
93.00
Sarah E. Wenrich
(SEW)
12.00
2,100.00
Cheryl A. Bauer
(CAB)
1.90
332.50
Christina N. Wirick
(CNW)
12.80
2,092.00
TOTAL
93.20
$28,935.00
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.03
Cash Collateral. Services rendered in this category include drafting and revision of
cash collateral motion. The total hours in this category are 5.50, for which compensation is
sought in the amount of $1,037.50. A summary of the attorneys and paraprofessionals who
provided services in this category is as follows:
.04
DIP Financing. Services rendered in this category include communications with
potential DIP Lender. The total hours in this category are 1.80, for which compensation is
sought in the amount of $630.00. A summary of the attorneys and paraprofessionals who
provided services in this category is as follows:
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
1.95
1,072.50
Mark S. Lindsay
(MAL)
11.00
3,740.00
Sarah E. Wenrich
(SEW)
19.20
3,360.00
Christina N. Wirick
(CNW)
14.60
2,263.00
TOTAL
46.75
$10,435.50
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
.20
110.00
Sarah E. Wenrich
(SEW)
5.30
927.50
TOTAL
5.50
$1,037.50
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
.20
110.00
Salene M. Kraemer
(SMK)
1.60
520.00
TOTAL
1.80
630.00
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.05
Creditors Inquiries and Correspondence. There were no services rendered in this
category.
.06
Docket Control & Review. There were no services rendered in this category.
.07
Monthly Reports. Services rendered in this category include preparation of and
communications related to the monthly operating report, as well finalization and filing of the
same. The total hours in this category are 16.20, for which compensation is sought in the
amount of $3,791.50. A summary of the attorneys and paraprofessionals who provided
services in this category is as follows:
.08
Executory Contracts. Services rendered in this category include review and analysis
of all contracts and leases, communications regarding the same. The total hours in this
category are 25.75, for which compensation is sought in the amount of $8,442.50. A
summary of the attorneys and paraprofessionals who provided services in this category is as
follows:
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
.40
220.00
Mark A. Lindsay
(MAL)
5.00
1,743.00
John J. Richardson
(JJR)
.30
93.00
Sarah E. Wenrich
(SEW)
.50
87.50
Christina N. Wirick
(CNW)
10.00
1,648.00
TOTAL
16.20
$3,791.50
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
3.65
2,007.50
Mark A. Lindsay
(MAL)
15.50
5,280.00
Sarah E. Wenrich
(SEW)
6.60
1,155.00
TOTAL
25.75
$8,442.50
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.09
Reclamation. There were no services rendered in this category.
.10
Employee Matters. There were no services rendered in this category.
.11
Conferences With Client. Services rendered in this category pertain to matters
relating to the coordination and intercommunication with the representative of the Debtor
on all pending relating to the effective administration of this case. The total hours in this
category are 11.90 for which compensation is sought in the amount of $3,588.00. A summary
of the attorneys and paraprofessionals who provided services in this category is as follows:
.12
Plan and Disclosure Statement. Services rendered in this category pertain to matters
related to consideration of a potential Plan and Disclosure Statement and drafting of
exclusivity motions thereto. The total hours in this category are 53.70, for which
compensation is sought in the amount of $17,449.50. A summary of the attorneys and
paraprofessionals who provided services in this category is as follows:
Attorney or
Paraprofessional
Total Hours
Total Services
Mark A. Lindsay
(MAL)
8.30
2,865.00
John J. Richardson
(JJR)
.70
255.50
Sarah E. Wenrich
(SEW)
.90
157.50
Christina N. Wirick
(CNW)
2.00
310.00
TOTAL
11.90
$3,588.00
Attorney or
Paraprofessional
Total Hours
Total Services
Mark A. Lindsay
(MAL)
42.60
14,870.00
Salene M. Kraemer
(SMK)
.80
260.00
John J. Richardson
(JJR)
2.30
806.50
Sarah E. Wenrich
(SEW)
6.30
1,235.50
Christina N. Wirick
(CNW)
1.70
277.50
TOTAL
53.70
$17,449.50
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.13
Insurance. Services rendered in this category relate to all matters pertaining to
liability and property insurance. The total hours in this category are 7.90, for which
compensation is sought in the amount of $2,765.00. A summary of the attorneys and
paraprofessionals who provided services in this category is as follows:
.14
Taxes. Services rendered in this category relate to all matters pertaining to tax issues
within this case. The total hours in this category are 1.50, for which compensation is sought
in the amount of $345.00. A summary of the attorneys and paraprofessionals who provided
services in this category is as follows:
.15
Creditors’ Committee. There were no services rendered in this category.
.16
Claims. Services rendered in this category pertain to matters relating to the claims
of creditors of this case. The total hours in this category are 1.20, for which compensation
is sought in the amount of $549.00. A summary of the attorneys and paraprofessionals who
provided services in this category is as follows:
2
Attorney or
Paraprofessional
Total Hours
Total Services
Mark A. Lindsay
(MAL)
7.90
2,765.00
TOTAL
7.90
$2,765.00
2
Attorney or
Paraprofessional
Total Hours
Total Services
Mark A. Lindsay
(MAL)
.50
170.00
Sarah E. Wenrich
(SEW)
1.00
175.00
TOTAL
1.50
345.00
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
.60
330.00
John J. Richardson
(JJR)
.60
219.00
TOTAL
1.20
$549.00
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.17
Miscellaneous Motions. Services rendered in this category pertain to monitoring
miscellaneous motions and preparation of responses thereto; attendance at meetings,
telephone conferences and court appearances related thereto. The total hours in this category
are 263.90, for which compensation is sought in the amount of $83,037.50. A summary of
the attorneys and paraprofessionals who provided services in this category is as follows:
.18
Adversary Proceedings. Services rendered in this category pertain to the review and
analysis of all matters pertaining to avoidance actions and preparation of a Complaint, TRO
Motions, etc., as well as communications related to the same, preparation and attendance at
various hearings, etc.. The total hours in this category are 331.80 for which compensation is
sought in the amount of $97,526.00. A summary of the attorneys and paraprofessionals who
provided services in this category is as follows:
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
.20
110.00
Mark S. Lindsay
(MAL)
169.40
58,434.00
Salene M. Kraemer
(SMK)
14.00
4,550.00
John J. Richardson
(JJR)
37.00
11,998.00
Sarah E. Wenrich
(SEW)
29.20
5,264.00
Trisha R. Hudkins
(TRH)
5.80
1,247.00
Christina N. Wirick
(CNW)
8.30
1,434.50
TOTAL
263.90
$83,037.50
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
.30
165.00
Mark S. Lindsay
(MAL)
147.10
49,843.00
Salene M. Kraemer
(SMK)
13.70
4,452.50
John J. Richardson
(JJR)
93.60
29,120.50
Sarah E. Wenrich
(SEW)
58.70
10,605.00
Abigail Smith
4.60
667.00
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.19
Sales. There were no services rendered in this category.
.20
Professional Retentions. Services rendered in this category include the preparation,
review and analysis of employment applications and correspondence with the Debtor
representative regarding same. The total house in this category are 2.10, for which
compensation is sought in the amount of $444.00. A summary of the attorneys and
paraprofessionals who provided services in this category is as follows:
.21
Fee Applications. Services rendered in this category pertain to the preparation and
revisions to Fee Applications. The total hours in this category are 9.00, for which
compensation is sought in the amount of $1,575.00. A summary of the attorneys and
paraprofessionals who provided services in this category is as follows:
6.
Applicant does not represent any interest adverse to that of the Debtor or the bankruptcy
estate. Applicant is a disinterested person and has entered into no agreement with anyone else regarding
the sharing of is compensation in this estate, except that your Applicant is the Professional Corporation of
(AS)
Christina N. Wirick
(CNW)
13.80
2,173.00
TOTAL
331.80
$97,526.00
2
Attorney or
Paraprofessional
Total Hours
Total Services
Robert S. Bernstein
(RSB)
.30
165.00
Christina N. Wirick
(CNW)
1.80
279.00
TOTAL
2.10
$444.00
2
Attorney or
Paraprofessional
Total Hours
Total Services
Christina N. Wirick
(CNW)
9.00
1,575.00
TOTAL
9.00
$1,575.00
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Bernstein-Burkley, P.C., and any compensation received will be deposited into the general fee account of
that law firm.
7.
The services and expenses for which compensation and reimbursement are being sought
were necessary and the charges for the same are reasonable.
8.
The signature of the undersigned, a member of the Applicant, constitutes his certification as
a member of the Bar of this Court that the contents of this Application and its exhibits are true and correct.
COSTS ADVANCED
DATE
DESCRIPTION
AMOUNT
9/16/2019
Disbursed to Bankruptcy Court- file Chapter 11
Petition
1,717.00
9/18/2019
Disbursed to CSC - Delaware UCC searches
450.00
9/23/2019
Disbursed to CSC - New Castle County, DE UCC search
242.00
10/12/2019
Disbursed for monthly conference call(s)
40.99
10/26/2019
Disbursed to Bankruptcy Court
350.00
10/30/2019
Travel Expense - Mark Lindsay travel to/from
Martinsburg, WV for US Trustee 341 Meeting
214.00
11/15/2019
Disbursed to LogMeIn October, 2019 conference calls
16.71
11/27/2019
Travel Expense - John Richardson attend Preliminary
Injuction Hearing in Wheeling
140.00
11/30/2019
Travel Expense - John Richardson 11/23/19 travel
8.16
12/20/2019
Travel Expense - John Richardson attend evidentiary
hearing in Wheeling, WV
50.60
12/22/2019
Travel Expense - Mark Lindsay additional travel expense
from November, 2019
144.10
5/19/2020
Disbursed for monthly conference call(s)
22.71
8/19/2020
Disbursed for monthly conference call(s)
40.94
TOTAL COSTS ADVANCED: $3,437.21
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WHEREFORE, the Bernstein-Burkley, P.C. respectfully requests that this Honorable Court enter
an Order allowing it FINAL compensation in the amount of $260,551.00 for legal services rendered on
behalf of the Debtor during the period of September 13, 2019 through September 30, 2020, and allowing
reimbursement of expenses incurred in the amount of $3,437.21 during the same period and directing the
Debtor to immediately pay the said amount of $263,988.21.
Respectfully submitted,
BERNSTEIN-BURKLEY, P.C.
Dated: October 19, 2020
By: /s/ John J. Richardson_____
John J. Richardson, Esq.
WV Bar No. 13140
jrichardson@bernsteinlaw.com
Mark A. Lindsay, Esq. (pro hac vice)
PA I.D. No. 89487
mlindsay@bernsteinlaw.com
Robert S. Bernstein, Esq.
WV Bar No. 4708
rbernstein@bernsteinlaw.com
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
Ph: 412-456-8100
Fax: 412-456-8135
Counsel for Debtor
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