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Home Source documents Official Form 425C Monthly Operating Report for Small Business Under Chapter 11 p a g e 1

Official Form 425C Monthly Operating Report for Small Business Under Chapter 11 p a g e 1

Date
2019-10-21

Summary

An Official Form 425C Monthly Operating Report for Small Business Under Chapter 11 filed by debtor Panthera Enterprises LLC, Case No. 2:19-bk-00787, in the U.S. Bankruptcy Court for the Southern District of West Virginia, filed October 21, 2019 as Doc 37. It covers Sept. 13-30, 2019, is signed by the debtor's managing member, and gives the line of business as professional training. The report lists cash on hand of -81.32 at month end, total payables of $140,000.00 and total receivables of $903,664.11, with no employees and no professional fees paid. Attached exhibits explain questionnaire answers and itemize cash receipts, disbursements, payables and receivables. The filing also attaches bank reconciliation reports, a statement of income and a balance sheet as of 09/30/2019.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Fill in this information to identify the case:
         No. 2:19-bk-00787 Doc 37 Filed 10/21/19 Entered 10/21/19 15:11:42                                           Page 1 of 17
Debtor Name   Panthera Enterprises          LLC
            __________________________________________________________________


United States Bankruptcy Court for the: _______
                                        SouthernDistrict  ________
                                                Districtofof West Virginia

                 2:19-bk-00787                                                                                       ‰ Check if this is an
Case number: _________________________
                                                                                                                        amended filing




Official Form 425C

Monthly Operating Report for Small Business Under Chapter 11                                                                             12/17

Month:               Sept. 13-30, 2019
                     ___________                                                                Date report filed:    10/21/2019
                                                                                                                       ___________
                                                                                                                      MM / DD / YYYY

Line of business: Professional Training
                  ________________________                                                      NAISC code:            611430
                                                                                                                      ___________

In accordance with title 28, section 1746, of the United States Code, I declare under penalty of perjury
that I have examined the following small business monthly operating report and the accompanying
attachments and, to the best of my knowledge, these documents are true, correct, and complete.

Responsible party:                          James  V. Punelli, Managing Member
                                            ____________________________________________

Original signature of responsible party      ____________________________________________

Printed name of responsible party           James V. Punelli
                                            ____________________________________________


              1. Questionnaire
    Answer all questions on behalf of the debtor for the period covered by this report, unless otherwise indicated.
                                                                                                                           Yes     No        N/A
         If you answer No to any of the questions in lines 1-9, attach an explanation and label it Exhibit A.

    1.   Did the business operate during the entire reporting period?                                                      ✔
                                                                                                                           ‰       ‰         ‰
    2.   Do you plan to continue to operate the business next month?                                                       ✔
                                                                                                                           ‰       ‰         ‰
    3.   Have you paid all of your bills on time?                                                                          ✔
                                                                                                                           ‰       ‰         ‰
    4.   Did you pay your employees on time?                                                                               ‰       ‰         ✔
                                                                                                                                             ‰
    5.   Have you deposited all the receipts for your business into debtor in possession (DIP) accounts?                   ✔
                                                                                                                           ‰       ‰         ‰
    6.   Have you timely filed your tax returns and paid all of your taxes?                                                ‰       ‰         ✔
                                                                                                                                             ‰
    7.   Have you timely filed all other required government filings?                                                      ‰
                                                                                                                           ✔       ‰         ‰
    8.   Are you current on your quarterly fee payments to the U.S. Trustee or Bankruptcy Administrator?                   ‰
                                                                                                                           ✔       ‰         ‰
    9.   Have you timely paid all of your insurance premiums?                                                              ‰       ‰         ✔
                                                                                                                                             ‰
         If you answer Yes to any of the questions in lines 10-18, attach an explanation and label it Exhibit B.
    10. Do you have any bank accounts open other than the DIP accounts?                                                    ✔
                                                                                                                           ‰       ‰         ‰
    11. Have you sold any assets other than inventory?                                                                     ‰       ‰         ‰
                                                                                                                                             ✔
    12. Have you sold or transferred any assets or provided services to anyone related to the DIP in any way?              ‰       ‰         ✔
                                                                                                                                             ‰
    13. Did any insurance company cancel your policy?                                                                      ‰       ‰         ✔
                                                                                                                                             ‰
    14. Did you have any unusual or significant unanticipated expenses?                                                    ‰       ‰         ✔
                                                                                                                                             ‰
    15. Have you borrowed money from anyone or has anyone made any payments on your behalf?                                ‰       ‰         ✔
                                                                                                                                             ‰
    16. Has anyone made an investment in your business?                                                                    ‰       ‰         ✔
                                                                                                                                             ‰
Official Form 425C                           Monthly Operating Report for Small Business Under Chapter 11                      page 1
        No. 2:19-bk-00787 Doc 37 Filed 10/21/19                           Entered 10/21/19 15:11:42 Page 2 of 17
Debtor Name  Panthera Enterprises         LLC
           _______________________________________________________               Case          2:19-bk-00787
                                                                                      number_____________________________________




    17. Have you paid any bills you owed before you filed bankruptcy?                                                   ‰       ✔
                                                                                                                                ‰     ‰
    18. Have you allowed any checks to clear the bank that were issued before you filed bankruptcy?                     ‰       ‰
                                                                                                                                ✔     ‰


              2. Summary of Cash Activity for All Accounts

    19. Total opening balance of all accounts
                                                                                                                                 -57.32
                                                                                                                          $ __________
        This amount must equal what you reported as the cash on hand at the end of the month in the previous
        month. If this is your first report, report the total cash on hand as of the date of the filing of this case.

    20. Total cash receipts
        Attach a listing of all cash received for the month and label it Exhibit C. Include all
        cash received even if you have not deposited it at the bank, collections on
        receivables, credit card deposits, cash received from other parties, or loans, gifts, or
        payments made by other parties on your behalf. Do not attach bank statements in
        lieu of Exhibit C.
        Report the total from Exhibit C here.                                                                   -0-
                                                                                                      $ __________

    21. Total cash disbursements
        Attach a listing of all payments you made in the month and label it Exhibit D. List the
        date paid, payee, purpose, and amount. Include all cash payments, debit card
        transactions, checks issued even if they have not cleared the bank, outstanding
        checks issued before the bankruptcy was filed that were allowed to clear this month,
        and payments made by other parties on your behalf. Do not attach bank statements
        in lieu of Exhibit D.
                                                                                                      - $ __________
                                                                                                                24.00
        Report the total from Exhibit D here.

    22. Net cash flow
        Subtract line 21 from line 20 and report the result here.                                                       + $ __________
                                                                                                                                 -24.00
        This amount may be different from what you may have calculated as net profit.

    23. Cash on hand at the end of the month
        Add line 22 + line 19. Report the result here.
                                                                                                                                 -81.32
        Report this figure as the cash on hand at the beginning of the month on your next operating report.             = $ __________
        This amount may not match your bank account balance because you may have outstanding checks that
        have not cleared the bank or deposits in transit.



              3. Unpaid Bills
        Attach a list of all debts (including taxes) which you have incurred since the date you filed bankruptcy but
        have not paid. Label it Exhibit E. Include the date the debt was incurred, who is owed the money, the
        purpose of the debt, and when the debt is due. Report the total from Exhibit E here.

    24. Total payables                                                                                                    $ 140,000.00
                                                                                                                            ____________

               (Exhibit E)




Official Form 425C                    Monthly Operating Report for Small Business Under Chapter 11                          page 2
        No. 2:19-bk-00787 Doc 37 Filed 10/21/19                            Entered 10/21/19 15:11:42 Page 3 of 17
Debtor Name Panthera Enterprises          LLC
           _______________________________________________________                Case          2:19-bk-00787
                                                                                       number_____________________________________




              4. Money Owed to You
        Attach a list of all amounts owed to you by your customers for work you have done or merchandise you
        have sold. Include amounts owed to you both before, and after you filed bankruptcy. Label it Exhibit F.
        Identify who owes you money, how much is owed, and when payment is due. Report the total from
        Exhibit F here.
    25. Total receivables                                                                                                   903,664.11
                                                                                                                         $ ____________

               (Exhibit F)



              5. Employees

    26. What was the number of employees when the case was filed?
                                                                                                                                   -0-
                                                                                                                           ____________

    27. What is the number of employees as of the date of this monthly report?
                                                                                                                                   -0-
                                                                                                                           ____________




              6. Professional Fees
    28. How much have you paid this month in professional fees related to this bankruptcy case?
                                                                                                                                   -0-
                                                                                                                         $ ____________

    29. How much have you paid in professional fees related to this bankruptcy case since the case was filed?                      -0-
                                                                                                                         $ ____________

    30. How much have you paid this month in other professional fees?                                                              -0-
                                                                                                                         $ ____________

    31. How much have you paid in total other professional fees since filing the case?                                             -0-
                                                                                                                         $ ____________




              7. Projections

        Compare your actual cash receipts and disbursements to what you projected in the previous month.
        Projected figures in the first month should match those provided at the initial debtor interview, if any.

                                        Column A                     Column B                     Column C
                                        Projected                –   Actual                 =     Difference

                                        Copy lines 35-37 from        Copy lines 20-22 of          Subtract Column B
                                        the previous month’s         this report.                 from Column A.
                                        report.
                                                 0.00
                                        $ ____________           –            0.00
                                                                     $ ____________
                                                                                            =               0.00
                                                                                                  $ ____________
    32. Cash receipts
                                                 0.00                         0.00          =               0.00
    33. Cash disbursements              $ ____________           –   $ ____________               $ ____________

                                                 0.00            –            0.00          =               0.00
    34. Net cash flow                   $ ____________               $ ____________               $ ____________


    35. Total projected cash receipts for the next month:                                                                   229,833.00
                                                                                                                         $ ____________

    36. Total projected cash disbursements for the next month:                                                          - $ ____________
                                                                                                                             192,000.00

    37. Total projected net cash flow for the next month:
                                                                                                                        = $ ____________
                                                                                                                               37,833.00




Official Form 425C                     Monthly Operating Report for Small Business Under Chapter 11                       page 3
        No. 2:19-bk-00787 Doc 37 Filed 10/21/19                          Entered 10/21/19 15:11:42 Page 4 of 17
Debtor Name Panthera Enterprises          LLC
           _______________________________________________________              Case          2:19-bk-00787
                                                                                     number_____________________________________




              8. Additional Information
    If available, check the box to the left and attach copies of the following documents.

    ✔ 38. Bank statements for each open account (redact all but the last 4 digits of account numbers).
    ‰
    ✔ 39. Bank reconciliation reports for each account.
    ‰
    ✔ 40. Financial reports such as an income statement (profit & loss) and/or balance sheet.
    ‰

    ‰ 41. Budget, projection, or forecast reports.

    ‰ 42. Project, job costing, or work-in-progress reports.




Official Form 425C                    Monthly Operating Report for Small Business Under Chapter 11                      page 4
No. 2:19-bk-00787    Doc 37   Filed 10/21/19     Entered 10/21/19 15:11:42    Page 5 of 17


                   Exhibit A: Section 1, Questions 1-9
                           Panthera Enterprises LLC
                              Case 2:19-bk-00787
                          Reporting Period: Sept 2019

              1.    ---
              2.    ---
              3.    ---
              4.    No Employees.
              5.    ---
              6.    No tax filings or payments due during reporting period.
              7.    ---
              8.    ---
              9.    No insurance or premiums due during reporting period.
No. 2:19-bk-00787   Doc 37    Filed 10/21/19    Entered 10/21/19 15:11:42      Page 6 of 17


              Exhibit B: Section 1, Questions 10-18
                           Panthera Enterprises LLC
                              Case 2:19-bk-00787
                          Reporting Period: Sept 2019

             10.    Pre-filing accounts with Atlantic Union were left open until
                    current receivables clear. The Federal Governments has
                    those accounts on file at the time of the billing and they
                    may or may not switch to the new accounts for this cycle.
                    We will transfer the funds to the DIP account as soon as
                    the payments arrive, then we will close the old accounts.
             11.    ---    *** Additionally, the SunTrust Bank Account was opening on
                           October 5, 2019 and will be shown on the October report
             12.    ---
             13.    ---
             14.    ---
             15.    ---
             16.    ---
             17.    ---
             18.    ---
No. 2:19-bk-00787   Doc 37   Filed 10/21/19   Entered 10/21/19 15:11:42   Page 7 of 17


                Exhibit C: Section 2, Cash Receipts
                          Panthera Enterprises LLC
                             Case 2:19-bk-00787
                         Reporting Period: Sept 2019

     Amount                  Source                           Reason
   None.
No. 2:19-bk-00787    Doc 37    Filed 10/21/19   Entered 10/21/19 15:11:42     Page 8 of 17


                    Exhibit D: Section 2, Disbursements
                               Panthera Enterprises LLC
                                  Case 2:19-bk-00787
                              Reporting Period: Sept 2019

  Amount     Date Paid                Payee                         Purpose
  $12.00      9/30/2019               Atlantic Union Bank #7398     Minimum Balance Fee
  $12.00      9/30/2019               Atlantic Union Bank #7372     Minimum Balance Fee
No. 2:19-bk-00787           Doc 37    Filed 10/21/19         Entered 10/21/19 15:11:42             Page 9 of 17


                                 Exhibit E: Section 3, Payables
                                       Panthera Enterprises LLC
                                          Case 2:19-bk-00787
                                      Reporting Period: Sept 2019

   Amount      Date Incurred   Date Due                  Debtor                             Purpose
 $    800.00    15-Sep-19      15-Oct-19   James Punelli                       Travel and other expenses
 $    450.00    16-Sep-19      15-Oct-19   ARB / Global Invoice Technologies   ERP System
 $138,750.00    30-Sep-19      30-Oct-19   Panthera Training Center            Training COGS

 $140,000.00       Total
No. 2:19-bk-00787               Doc 37     Filed 10/21/19           Entered 10/21/19 15:11:42                   Page 10 of
                                                       17

                                   Exhibit F: Section 4, Receivables
                                           Panthera Enterprises LLC
                                              Case 2:19-bk-00787
                                          Reporting Period: Sept 2019

    Pre-filing    Post-filing     Due Date                   Customer                                   Notes
                 $ 177,883.00     23-Oct-19    Drug Enforcement Administration (DEA) Training Class
                    Unknown       30-Sep-19    Panthera Training                        Additional Rents (PT refuses to report)
    Unknown                       31-Aug-19    Panthera Training                        Additional Rents (PT refuses to report)
$    6,821.22                      1-Aug-19    Panthera Training                        Pers. Property Taxes - 2019
$   22,849.04                      1-Aug-19    Panthera Training                        Real Estate Taxes - 2019
    Unknown                        31-Jul-19   Panthera Training                        Additional Rents (PT refuses to report)
$ 29,100.00                       30-Jun-19    Panthera Training                        Additional Rents due under lease
$    9,485.00                     31-May-19    Panthera Training                        Additional Rents due under lease
$ 468,000.00                       1-Jun-19    Panthera Training                        Future rents due on lease (monthly)
$ 58,637.00                       30-Apr-19    Panthera Training                        Additional Rents due under lease
$ 52,418.00                       31-Dec-18    Panthera Training                        Additional Rents due under lease
$    4,155.00                     30-Nov-18    Panthera Training                        Additional Rents due under lease
$ 64,674.00                       31-Oct-18    Panthera Training                        Additional Rents due under lease
$ 174,879.04                       1-Oct-18    Panthera Training                        Liability Ins. due under lease
$    6,853.67                      1-Sep-18    Panthera Training                        Pers. Property Taxes - 2018 prorated
$ 14,604.57                        1-Sep-18    Panthera Training                        Real Estate Taxes - 2018 prorated
$ 58,304.57                        1-Jun-18    Panthera Training                        Liability Ins. due under lease
$ (245,000.00)                      Various    Panthera Training (credits - pre-filing) Advanced payments made against A/R

$ 725,781.11     $ 177,883.00 Subotals
                 $ 903,664.11 Grand Total
No. 2:19-bk-00787   Doc 37   Filed 10/21/19   Entered 10/21/19 15:11:42   Page 11 of
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 Report Date & Time : 10/08/2019     11:55:50AM                                  Panthera Enterprises, LLC                                                   Page 1 of 1

                                                                        Reconciled Report forAccess National Bank - Op
                                       No. 2:19-bk-00787       Doc 37      Filed
                                                                          For      10/21/19
                                                                              the Period           Entered
                                                                                         From 9/13/2019        10/21/19 15:11:42
                                                                                                        To 9/30/2019               Page 14 of
                                                                                             17
Voucher Date         Voucher ID            Voucher Type      Check No             Paid To/Received From                              Deposit    Withdrawal        Recon. Date

09/05/2019           SEP/5/37/2019         Manual Check      09051901             Vonage                                                0.00        198.26           09/30/2019
09/12/2019           64                    General Journal                        Transfer from Main to Op (9/3)                        0.00         10.00           09/30/2019
09/12/2019           64                    General Journal                        Payment to PW (9/3)                                   0.00         20.00           09/30/2019
09/12/2019           64                    General Journal                        OD Fee (9/5)                                          0.00         36.00           09/30/2019
09/30/2019           65                    General Journal                        Bank Fee (9/30)                                       0.00         12.00           09/30/2019
                                                                                                                     Total              0.00        276.26
 Report Date & Time : 10/08/2019   11:55:11AM                                 Panthera Enterprises, LLC                                                    Page 1 of 1

                                                                      Reconciled Report forAccess National Bank - M
                                     No. 2:19-bk-00787       Doc 37      Filed
                                                                        For      10/21/19
                                                                            the Period           Entered
                                                                                       From 9/13/2019        10/21/19 15:11:42
                                                                                                      To 9/30/2019               Page 15 of
                                                                                          17
Voucher Date         Voucher ID          Voucher Type      Check No            Paid To/Received From                               Deposit    Withdrawal        Recon. Date

09/12/2019           64                  General Journal                       Transfer from Main to Op (9/3)                        10.00          0.00           09/30/2019
09/30/2019           65                  General Journal                       Sept Bank Charges (9/30)                               0.00         12.00           09/30/2019
                                                                                                                      Total          10.00         12.00
No. 2:19-bk-00787               Doc 37     Filed 10/21/19 Entered 10/21/19 15:11:42                Page 16 of
                                                        17
                                             Panthera Enterprises LLC
                                              Statement of Income
                                     For the Period 09/13/2019 - 09/30/2019


                                                                         09/13/2019        Percent of
                                                                         09/30/2019         Revenue

   CONTRACT REVENUES
   09 Government Revenue                                                  177,883.00          100.00
   10   Commercial Sales                                                           0.00         0.70

                      Total CONTRACT REVENUES                                 177,883.00       100.00

   DIRECT COSTS
   17 Subcontractors                                                      138,750.00           78.00

                      Total DIRECT COSTS                                      138,750.00        78.00

   COST OF OPERATIONS
   12 Labor - Indirect                                                             0.00           0.00
   16   Facilities - Indirect                                                       0.00          0.00
   52   Professional Fees                                                           0.00          0.00
   53   General Operating Expenses                                              1,250.00          0.70
   57   Taxes                                                                      0.00           0.00

                      Total COST OF OPERATIONS                                  1,250.00        23.70

   UNALLOWABLE EXPENSES
   19 Non- Reimbursable                                                             0.00          0.00

                      Total UNALLOWABLE EXPENSES                                    0.00          0.00

                      Net Income                                               37,833.00
    No. 2:19-bk-00787        Doc 37       Filed Panthera
                                                10/21/19Enterprises
                                                            Entered LLC
                                                                      10/21/19 15:11:42   Page 17 of
                                                     Balance Sheet
                                                       17
                                                   As of 09/30/2019



CURRENT ASSETS
         Cash                                                                                        -81.32
         Accounts Receivable                                                                     903,664.11

                                                                                                 903,582.79
FIXED ASSETS
          Furniture & Fixtures                                                                    30,698.84
          Software                                                                                 2,185.87
          Accumulated Depreciation                                                            -1,066,265.05
          Buildings and Structures                                                             9,102,140.80
          Land                                                                                 4,024,308.81
          Equipment                                                                                9,212.53
          Intangibles / Other                                                                    150,474.78
          Accumulated Amortization                                                               -28,874.40

                                                                                              12,223,882.18
OTHER ASSETS
          Investment - Subsidiary Companies                                                       80,000.00

                                                                                                  80,000.00

TOTAL ASSETS                                                                                  13,207,464.97




CURRENT LIABILITIES
          Accounts Payable                                                                    3,230,507.84
          Accrued Salaries/Wages                                                                123,304.57
          Accrued Expenses                                                                        1,130.98
          Other Current Liabilities                                                           7,753,416.62
          Inter-company Loan Payable                                                             14,000.00

                                                                                              11,122,360.01
LONG-TERM LIABILITIES
         PTC Facility                                                                        10,915,845.55
         Long Term Debt                                                                         529,199.00

                                                                                              11,445,044.55
STOCKHOLDER'S EQUITY
         Prior Years' Retained Earnings                                                       -9,367,556.55
         Current Years Profit & Loss                                                               7,616.96

                                                                                              -9,359,939.59

TOTAL LIABILITIES AND EQUITY                                                                  13,207,464.97


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