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Show Temp 2 PDF

Summary

Order of the U.S. Bankruptcy Court for the Northern District of West Virginia (Elkins), entered October 10, 2019 in the Chapter 11 case of Panthera Enterprises, LLC, Bankruptcy No. 2:19-bk-00787, approving counsel for the debtor. On the application filed at Document No. 16, it appoints Bernstein-Burkley, P.C. of Pittsburgh as attorney for the debtor as of September 13, 2019. The order says fee approval will turn on factors beyond the amount involved and the result, that it is not a preapproval of the requested hourly rates, and that any retainer stays property of the estate until further order. It does not authorize counsel to pay outside professionals at the debtor's expense without prior court approval.

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Date
2019-10-10

Cite this document

“Show Temp 2 PDF.” Original at ecf.wvnb.uscourts.gov, dated 2019-10-10. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2019-10-10-show-temp-2-pdf/, SHA-256 cd626a1aa0ecf4bdb8fc8fbe74c32d56994af4f63051fcbbfecfd74e7feddf9a.

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Order Entered.

Patrick al Flatley
United States Bankruptcy sue

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

IN RE: Bankruptcy No. 2:19-bk-00787
PANTHERA ENTERPRISES, LLC Chapter 11

(Debtor).

ORDER APPROVING COUNSEL FOR THE DEBTOR

AND NOW, this 10th day of October , 2019, upon consideration of the APPLICATION
TO EMPLOY BERNSTEIN-BURKLEY, P.C. filed at Document No. 16, it is ORDERED,
ADJUDGED and DECREED as follows:

(1) BERNSTEIN-BURKLEY, P.C., 707 Grant Street, Suite 2200 Gulf Tower,
Pittsburgh, PA 15219 is hereby appointed, as of September 13, 2019, as Attorney for Debtor in
this bankruptcy proceeding for the reasons set forth in the Application.

(2) Professional persons or entities performing services in the above case are advised
that approval of fees for professional services will be based not only on the amount involved and
the results accomplished, but other factors as well, including: the time and labor reasonably
required by counsel, the novelty and difficulty of the issues presented, the skill requisite to
perform the legal service properly, the preclusion of other employment due to acceptance of this
case, the customary fee, whether the fee is fixed or contingent, the time limitations imposed by
the client or the circumstances, the experience, reputation and ability of the attorneys involved,
the undesirability of the case, the nature and length of the Professional relationship with the
client, and, awards in similar cases.

(3) Approval of any motion for appointment of counsel in which certain fees are
requested for various identified professionals is not an agreement by the Court to allow such fees
at the requested hourly rates, and is not a preapproval of compensation pursuant to // U.S.C.
$§328(a). Final Compensation, awarded only after notice and hearing, may be more or less than
the requested hourly rates based on application of the above-mentioned factors in granting
approval by Court Order. Any retainer paid to the Attorney is unaffected by this Order and
remains property of the Estate until further order of Court.
(4) Notwithstanding anything to the contrary in the letter of engagement or agreement
between Movant and the Attorney, this Order does not authorize the Attorney to retain or pay
any outside counsel or other professional to assist Attorney in this matter unless such is done at
no expense to Movant, directly or indirectly. Any other retention of, and payment to, an outside
counsel or other professional is subject to prior approval of the Court.


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