West Virginia Economic Development Authority'S Motion

What This Document Is

This is docket entry 53, a 14-page motion filed November 2, 2019 by WVEDA — the same day and same counsel (Debra Lee Allen) as its Motion to Convert (docket entry 52) — seeking relief from the automatic stay under 11 U.S.C. § 362(d)(1) to foreclose on the debtor's real property at 2506 Fish Pond Road, Old Fields, Hardy County, West Virginia. The motion expressly incorporates docket entry 52's facts and arguments by reference and reuses the same exhibit lettering (Exhibits A, E, F) for overlapping supporting documents.

Factual Summary

The motion restates the same core facts as docket entry 52 — WVEDA's $5,000,000 (2013) and $1,871,505 (2014) loans, the $6,477,180.47 secured claim, the debtor's repeated defaults, the 2018 replacement of PTC with Panthera Training, and the September 13, 2019 petition filed three days before a scheduled foreclosure sale — but argues three distinct bases for stay relief under § 362(d)(1): (1) the debtor's prepetition consent to stay relief, (2) bad faith filing (incorporating docket entry 52's argument), and (3) lack of adequate protection. The motion's most legally distinct contribution is its detailed argument on consent: it quotes Section 6(k) of the July 6, 2018 Forbearance Agreement (Exhibit A-9), under which the debtor and guarantors agreed that WVEDA "shall thereupon be entitled to relief from any automatic stay" if any obligor filed for bankruptcy protection, and separately waived any right to seek an extension of the exclusivity period unless WVEDA had been granted stay relief. The motion cites several out-of-circuit cases (In re Citadel Properties, In re Club Tower, In re Powers, In re Cheeks, In re Shady Grove) for the proposition that prepetition stay-relief waivers are generally enforceable, particularly where no substantial change in circumstances or reasonable prospect of reorganization exists.

Key Facts

Docket entry 53, filed November 2, 2019, 14 pages, motion under 11 U.S.C. § 362(d)(1), with 5 exhibits (docket entries 53.1-53.5)
Filed the same day as, and expressly incorporating, WVEDA's Motion to Convert (docket entry 52)
Central distinct legal argument: the debtor's prepetition consent to stay relief under Section 6(k) of the July 6, 2018 Forbearance Agreement
Three stated bases for relief: prepetition consent, bad-faith filing (incorporated from docket entry 52), and lack of adequate protection
Same $6,477,180.47 secured claim and default history as docket entry 52

Source Caveats

This motion substantially overlaps in facts with docket entry 52; this summary focuses on what is legally distinct here (the § 362(d)(1) stay-relief framework and the prepetition consent argument) rather than re-summarizing the shared factual background in full.
Use the linked source file for exact quotations, the complete legal argument, and full citations.

Date: 2019-11-02

Cite this document

“West Virginia Economic Development Authority'S Motion.” Original at ecf.wvnb.uscourts.gov, dated 2019-11-02. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2019-11-02-movant-v-panthera-enterprises-llc-611d7ddc-1/, SHA-256 611d7ddc1e82dbe8756b3432840113655f812fe9b3eeb3708151c0b321b70220.

Full text

No. 2:19-bk-00787 Doc 53 Filed 11/02/19 Entered 11/02/19 10:12:20 Page 1 of 14

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

In re :
: BK No. 2:19-bk-00787
PANTHERA ENTERPRISES, LLC, :
: Chapter 11
Debtor. :
:
:
WEST VIRGINIA ECONOMIC :
DEVELOPMENT AUTHORITY, :
:
Movant, :
:
v. :
:
PANTHERA ENTERPRISES, LLC, :
:
Respondent. :
:

WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY'S MOTION
FOR RELIEF FROM THE AUTOMATIC STAY TO FORECLOSE
AGAINST THE DEBTOR'S REAL PROPERTY AT
2506 FISH POND ROAD, OLD FIELDS, HARDY COUNTY, WEST VIRGINIA

West Virginia Economic Development Authority ("WVEDA") by its counsel, moves for

an order terminating the automatic stay imposed by 11 U.S.C. § 362 in order for WVEDA to

foreclose against the Debtor's real property.

1. Movant is West Virginia Economic Development Authority, a public corporation

and government instrumentality under Chapter 31, Article 15 of the West Virginia Code.

2. Debtor Panthera Enterprises, LLC ("Debtor") is the owner of the real property at

2506 Fish Pond Road, Old Fields, Hardy County, West Virginia ("Real Property").
No. 2:19-bk-00787 Doc 53 Filed 11/02/19 Entered 11/02/19 10:12:20 Page 2 of 14

3. The Debtor filed its voluntary petition for protection under Chapter 11 of the

United States Bankruptcy Code on September 13, 2019 ("Petition Date"), initiating this

bankruptcy case. Dkt. 1.

4. WVEDA seeks relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1)

for cause, the bases for which are (i) the Debtor consented to relief from the automatic stay for

WVEDA; (ii) the Debtor filed its bankruptcy petition in bad faith; and (iii) the Debtor has failed

to provide adequate protection for the use of the Real Property, which is WVEDA's collateral.

5. Contemporaneously with the filing of this Motion for Relief from Stay, WVEDA

filed a Motion to Convert this Case to a Chapter 7 Proceeding, or, in the Alternative, Dismiss

this Bankruptcy Case for Cause ("Motion to Convert"). WVEDA incorporates by reference as if

stated herein its Motion to Convert, the facts and arguments stated therein.

BACKGROUND

A. WVEDA's Claim

6. WVEDA is a secured creditor of the Debtor. Prepetition, in 2013 and in 2014,

WVEDA made two loans to the Debtor. Both loans are secured by Deeds of Trust against the

Real Property. Attached as Exhibit A and incorporated herein by reference is a copy of

WVEDA's proof of claim, to which are attached a number of the documents referenced in this

Motion as Exhibits A-1 through A-9. In addition, attached as Exhibit E and incorporated herein

by reference is the Affidavit of Steven Webb, Director of Financial Services for WVEDA.1 Ex.

E, ¶¶ 3, 4.

1
The Exhibits with this Motion are given the same letter as used for the same Exhibit in WVEDA's
Motion to Convert.

2
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7. On August 21, 2013, WVEDA made a fifteen (15) year term loan to the Debtor2

in the original principal amount of $5,000,000 ("2013 Loan"). The 2013 Loan financed a portion

of the Debtor's cost to acquire 689.40 acres in Moorefield District, Hardy County, West Virginia.

Ex. E, ¶ 3.

8. The 2013 Loan is evidenced by a Promissory Note, pursuant to which the Debtor

was to make equal monthly payments of $37,849.50, beginning September 21, 2013, with a final

payment of all unpaid principal and accrued and unpaid interest due on August 21, 2028.

Ex. A-2.

9. The 2013 Loan is secured by a Credit Line Deed of Trust and Fixture Filing,

granting WVEDA a first lien on the 689.40 acre tract acquired by the Debtor. Ex. A-3. The

Credit Line Deed of Trust and Fixture Filing is recorded in the office of the Clerk of the County

Commission of Hardy County at Trust Deed Book 277, page 158. The 2013 Loan is also

secured by a Collateral Assignment of Leases and Rents. Ex. A-4.

10. WVEDA made a second loan to the Debtor on July 2, 2014, in the original

principal amount of $1,871,505.00. This loan financed the acquisition of an additional 58.09

acre tract, adjacent to the 689.40 acre tract ("2014 Loan" and with the 2013 Loan, the "Loans").

Together, the 689.40 acre tract and the 58.09 acre tract constitute the Real Property of the

Debtor. Proceeds of the 2014 Loan were also used to construct improvements and renovations

on the Real Property. Ex. E, ¶ 4.

11. The 2014 Loan is evidenced by a Promissory Note, pursuant to which the Debtor

was to make equal monthly payments of $13,734.66, for a term of fifteen (15) years, with a final

installment of all unpaid principal and accrued and unpaid interest due on July 2, 2029. Ex. A-6.

2
The Debtor is a limited liability company formed under the laws of the State of Delaware in 2011. It
began its life as TenX Group LLC, and thereafter, changed its name to Panthera Enterprises LLC.

3
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12. The 2014 Loan is secured by a Credit Line Deed of Trust and Fixture Filing,

granting WVEDA a subordinate lien on the 689.40 acre tract and a first lien on the 58.09 acre

tract. The Deed of Trust is recorded in the office of the Clerk of the County Commission of

Hardy County at Trust Deed Book 282, page 818. Ex. A-7. It is also secured by a Collateral

Assignment of Leases and Rents. Ex. A-8.

13. The Real Property is the site of a security operations training facility ("Facility").

Ex. E, ¶ 8. It offers tactical training for personnel involved in military and non-military

protective services, including government, military and law enforcement personnel. Until June

1, 2018, operation of the Facility and the training provided there was conducted by Panthera

Training Center, LLC ("PTC"), a subsidiary of the Debtor. Id. Effective June 1, 2018, the

Debtor transferred operation of the Facility, and the training, to Panthera Training, LLC

("Panthera Training"), a third party unrelated to the Debtor. Ex. E, ¶ 15.

14. As of the Petition Date, the Debtor was indebted to WVEDA for $6,477,180.47,

which includes principal and interest owed on each of the Loans, as well as attorney's fees and

costs incurred prepetition. Ex. A, Claim # 4.

B. The Debtor's Defaults

15. The Debtor first defaulted on the Loans in February of 2015, not even a year after

the 2014 Loan was made, by failing to make the monthly payments due under the terms of the

respective promissory notes. Ex. E, ¶ 9. The Loans were brought current in May of 2015, but

the Debtor defaulted again in August of 2015. Id. Attached as Exhibit E-1 and incorporated

herein by reference is a copy of the payment histories for the Debtor's Loans. Ex. E-1.

16. The Debtor made no payments on the two Loans in 2016. Ex. E-1.

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17. On May 20, 2017, the Debtor and WVEDA entered into a modified payment

arrangement whereby the Debtor agreed to pay $20,000 per month for each of the Loans. Ex. E,

¶ 11.

18. The Debtor defaulted on the modified payment arrangement, making just three (3)

of the nine (9) payments that were to be paid between May 20, 2017 and February 28, 2018. Ex.

E, ¶ 12; Ex. E-1.

19. On February 28, 2018, WVEDA sent a notice of default and demand for payment

to the Debtor and its guarantors, giving the obligors a deadline of March 31, 2018 to cure the

default. The Debtor paid nothing. Ex. E, ¶ 13; Ex. E-1.

20. In May of 2018, WVEDA commenced a foreclosure under the two Credit Line

Deeds of Trust that secured the Loans. Ex. E, ¶ 14.

21. On or about July 6, 2018, WVEDA, the Debtor, PTC, and the guarantors of the

Debtor's indebtedness to WVEDA entered into a Forbearance Agreement. Attached as Exhibit

A-9 and incorporated herein by reference is a copy of the Forbearance Agreement. The Debtor

indicated, as it had done so numerous times before, that it was talking with potential investors,

and needed additional time to bring one or more on board. Ex. E, ¶ 16.

22. Under the Forbearance Agreement, WVEDA agreed to forbear from exercising its

rights under the Loan documents, including the Deeds of Trust, for a period of six (6) months.

Monthly rent payments of $52,000 that Panthera Training was obligated to pay to the Debtor

under its Commercial Lease with the Debtor were to be paid by Panthera Training directly to

WVEDA, to be applied to the Loans. Ex. A-9 ¶ 6(a).

5
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23. The Forbearance Agreement expired on January 6, 2019, at which time, the entire

balance due and owing on the Loans was immediately due and payable. No investor had

materialized at that time, nor has one materialized to date. Ex. E, ¶ 18.

24. Panthera Training has timely paid the monthly payment of $52,000 to WVEDA.

Ex. E, ¶ 19. In fact, the time during which Panthera Training has been forwarding payments to

WVEDA is the only time since 2014 WVEDA has consistently received timely payments on the

Loans. Ex. E, ¶ 19; Ex. E-1.

25. Nevertheless, there have been other defaults by the Debtor. The Debtor failed to

pay the 2017 real property taxes due and owing on the Real Property, which is a breach of the

Deeds of Trust that secure the Loans.

26. In November of 2018, the 2017 tax liens for the delinquent taxes were auctioned

by the Hardy County Sheriff and certified to the West Virginia State Auditor's Office for

disposition. As of the filing of this Motion, the cost to redeem the Real Property was

approximately $55,000.3 The redemption period expires April 1, 2020.

27. On March 26, 2018, the Debtor granted to SMI, LLC ("SMI") the "exclusive

rights to all merchantable timber standing or fallen" on the Real Property. Attached as Exhibit F

and incorporated herein by reference is a copy of the recorded Memorandum of Timber

Agreement with the Timber Agreement executed by the Debtor. According to the Debtor, the

Timber Agreement was given to SMI to secure payment of prior loan made to SMI. The

Agreement will be released upon satisfaction of the terms of all loan documents between the

Debtor and its affiliates and SMI. Ex. F, ¶ 2.

3
Until November 6, 2019, the 2017 taxes would be paid to the State Auditor's office and the 2018 and
2019 taxes were be paid to Hardy County. After November 6, 2019, the State Auditor's office would
collect all of the taxes.

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28. WVEDA, by counsel, sent the Debtor a notice of default and demand for payment

on August 14, 2019. A copy of the notice of default and demand for payment is attached hereto

as Ex. E-2 and incorporated herein by reference. The Debtor did not respond; WVEDA again

commenced foreclosure, this time with the right to redeem. Ex. E, ¶ 20. The foreclosure sale

was scheduled and noticed for September 16, 2019. Id.

29. The Debtor filed its voluntary petition three days prior to the scheduled

foreclosure sale, commencing this bankruptcy case. Dkt. 1.

ARGUMENT

30. Section 362(d)(1) of Title 11 provides that

[o]n request of a party in interest, . . . the court shall grant relief from the stay, . . .
for cause, including the lack of adequate protection of an interest in property of
such party in interest.

11 U.S.C. § 365(d)(1).

31. Whether cause exists to warrant relief from the automatic stay is determined on a

case-by-case basis, in the sound discretion of the court. In re Robbins, 964 F.2d 342, 345 (4th

Cir. 1992). Movant has the burden initially to show cause for relief. In re Kaplan Breslaw ASH,

LLC, 264 B.R. 309, 321-2 (S.D. N.Y. 2001). However, the debtor has the burden on all issues

other than the debtor's equity in the real property. Id.; 11 U.S.C. § 362(g).

I. Cause exists because the Debtor consented to relief
from the automatic stay as to WVEDA.

32. On or about July 6, 2018, the Debtor entered into a Forbearance Agreement with

WVEDA and other parties, pursuant to which WVEDA agreed to forbear from exercising its

rights under the relevant Loan documents for a period of six (6) months for so long as the terms

and conditions of the Forbearance Agreement were met. The Debtor had been in default for

nearly three (3) years, and the WVEDA had already commenced foreclosure for the second time.

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No. 2:19-bk-00787 Doc 53 Filed 11/02/19 Entered 11/02/19 10:12:20 Page 8 of 14

The Debtor indicated it was talking with potential investors, and needed additional time to bring

one or more on board. Ex. E, ¶ 16.

33. In consideration for WVEDA's forbearance, the Debtor consented to relief from

stay in the event it filed for bankruptcy protection or was the subject of an order for relief issued

by a bankruptcy court. Specifically,

The Obligors hereby further agree that in the event that any Obligor shall (i) file
for or be the subject of any petition under title 11 of the United States Code (as
amended, the "Bankruptcy Code"), (ii) be the subject of an order for relief issued
under the Bankruptcy Code, (iii) file or be the subject of any petition seeking any
reorganization, composition, readjustment, liquidation, or similar relief under any
present or future federal or state law or act relating to bankruptcy insolvency or
other relief for debtors, or (iv) be the subject of any order, judgment, or decree
entered by any court of competent jurisdiction approving a petition filed against
such party for reorganization, composition, readjustment, liquidation, dissolution
or similar relief, WVEDA shall thereupon be entitled to relief from any automatic
stay imposed by section 362 of the Bankruptcy Code, or otherwise, on or against
the exercise of the rights and remedies otherwise available to WVEDA as
provided in the Loan Documents, this Agreement, and/or as otherwise provided
by law. The Obligors further waive any right they may have to move in such
proceeding to extend the exclusive period to file a plan or have a plan accepted,
unless WVEDA has been granted relief from the stay. This provision shall
survive any termination of this Agreement.

Ex. A-9, § 6(k) (emphasis added).

34. The majority of courts considering a prepetition waiver such as the one above find

such waivers enforceable. In re Citadel Properties, Inc., 86 B.R. 275, 276 (M.D. Fla. 1988)

(prepetition agreement enforceable where court also found debtor filed petition for

reorganization in bad faith); In re Club Tower L.P., 138 B.R. 307, 312 (N.D. Ga. 1991)

(prepetition waiver enforceable and "furthers the legitimate public policy of encouraging out of

court restructurings and settlements"); In re Powers, 170 B.R. 480, 484 (D. Mass. 1994) ("waiver

is a 'primary element' to be considered in determining if cause exists for relief from the automatic

stay"); In re Cheeks, 167 B.R. 817, 818-19 (D. S.C. 1994) (enforcing prepetition waiver furthers

8
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public policy); In re Shady Grove Tech Center Associates Ltd., 227 B.R. 422, 425 (D. Md. 1998)

(prepetition waiver is additional grounds for granting relief from stay).

35. In June of 2018, when the terms of the Forbearance Agreement were negotiated,

the Debtor had been in default for at least three years, with more than enough time to come up

with a workout plan. The Debtor already was afforded the respite that is accorded by the

automatic stay, particularly in 2016, when no payments were made to WVEDA. Yet, the Debtor

went further into default. Nothing has changed.

36. The default prior to June of 2018 was never cured, and the Debtor's principals

have stripped assets of the Debtor to pay antecedent debts. The prepetition waiver should be

enforced to grant WVEDA relief from the automatic stay. In re Shady Grove, 227 B.R. at 425

(waiver enforced where there was no "substantial change in circumstances, such as a reasonable

prospect of reorganization within a reasonable time").

II. Cause exists because the Debtor filed its bankruptcy case in bad faith.

37. A bankruptcy petition for reorganization filed in bad faith constitutes cause for

lifting the stay under § 362(d)(1). In re RAD Properties, Inc., 84 B.R. 827, 829 (M.D. Fla. 1988)

(citations omitted); In re MacInnis, 235 B.R. 255, 259 (S.D. N.Y. 1998) (It is well established

that "a debtor's lack of good faith in filing a petition . . . constitutes sufficient 'cause' to lift the

stay."). "The test for determining whether a bankruptcy case was filed in bad faith is the same

under Section 362 and Section 1112(b)." In re Club Tower L.P., 138 B.R. 307, 310 (N.D. Ga.

1991).

38. Contemporaneous with the filing of this Motion WVEDA filed its Motion to

Convert, in which it argues this bankruptcy case should be converted to a Chapter 7 proceeding

or, alternatively, dismissed on the grounds that the Debtor's bankruptcy petition was filed in bad

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faith. The Motion to Convert and the arguments cited therein for a finding of bad faith are

incorporated herein by reference.

39. In sum, in the Fourth Circuit, courts conduct a totality of the circumstances

inquiry to determine if (1) the debtor's reorganization effort is objectively futile and (2) the

debtor's filing was motivated by subjective bad faith. Carolin Corp. v. Miller, 886 F.2d 693,

700-01 (4th Cir. 1989). The two prongs must be met for a finding of bad faith, giving cause to

convert or dismiss a Chapter 11 bankruptcy case.

40. The Debtor's bankruptcy filing exhibits nearly all of the characteristics of a bad

faith filing. There is no realistic possibility of an effective reorganization of the Debtor, and

therefore, the objective futility prong for a finding of bad faith is met. The Debtor has not

manifested an intent to reorganize or to preserve the assets of the Debtor. Hence, the subjective

bad faith prong for a finding of bad faith is met.

41. Upon finding cause exists to convert or dismiss the Debtor's bankruptcy case

under 11 U.S.C. § 1112(b), cause likewise exists to grant WVEDA relief from the automatic stay

under 11 U.S.C. § 362(d)(1).

III. Cause exists because the Debtor has not provided
adequate protection to WVEDA for the use of its collateral.

42. WVEDA has received monthly payments of $52,000 from Panthera Training

since July 2018, which have been applied to the outstanding indebtedness due and owing on the

Loans. These payments are Panthera Training's monthly rent payments required pursuant to its

Commercial Lease with the Debtor. Pursuant to the Forbearance Agreement, the monthly rent

payments are paid directly to WVEDA for application to the Loans. 4

4
Pursuant to paragraph 6 of the Collateral Assignments of Leases and Rents, upon the Debtor's default,
WVEDA may direct Panthera Training to pay all rental and other monies owed under the Lease to
WVEDA. Exs. A-4; A-8.

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43. At the initial scheduling conference with the Court, the Debtor suggested these

payments would constitute adequate protection and would continue until a plan of reorganization

was in place. Dkt. 20. However, shortly thereafter, the Debtor declared the Commercial Lease

with Panthera Training in default, and filed an adversary proceeding to terminate the

Commercial Lease with Panthera Training and remove Panthera Training from the Real

Property. Dkt. 33.

44. Termination of the Commercial Lease will terminate the monthly payments to

WVEDA. The Debtor has offered no assurance the monthly payments would continue.

45. More significantly, though, is the Debtor's failure to pay the real property taxes

assessed on the Real Property, which is WVEDA's collateral. The Debtor failed to pay the 2017

real property taxes. In November 2018, the 2017 tax liens for the delinquent taxes were

auctioned by the Hardy County Sheriff and certified to the West Virginia State Auditor's Office

for disposition. The redemption period expires April 1, 2020.

46. When asked its plan for redeeming the Real Property, the Debtor simply responds

that they will redeem the Real Property by April 1, 2020. No assurances are provided.

47. On March 26, 2018, the Debtor granted SMI the exclusive right to "timber" the

Real Property. This right is to be released only upon the Debtor's satisfaction in full of

indebtedness owed SMI by the Debtor and its affiliates. Ex. C, ¶ 2.

48. Aside from constituting another breach of the Deeds of Trust given WVEDA,

timbering the Real Property is waste of the asset. It will destroy the ability to use the Real

Property as a training facility, and it will devalue the asset. The Debtor has provided no

assurance that the debts to SMI will be paid to release the Timber Agreement.

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14

RELIEF REQUESTED

49. For the reasons stated above, WVEDA requests relief from the automatic stay in

order for it to foreclose against its collateral, the Real Property at 2506 Fish Pond Road, Old

Fields, Hardy County, West Virginia. Relief is sought for cause under U.S.C. § 362(d)(1)

because (i) the Debtor consented to relief from the automatic stay for WVEDA; (ii) the Debtor

filed its petition in bad faith; and (iii) the Debtor has failed to provide adequate protection for the

use of WVEDA's collateral.

WHEREFORE, the West Virginia Economic Development Authority respectfully

requests the Court to enter an order terminating the automatic stay imposed by 11 U.S.C. § 362

in order to foreclose against the Debtor's real property at 2506 Fish Pond Road, Old Fields,

Hardy County, West Virginia, and to grant such other and further relief as the Court deems

appropriate.

Dated: November 2, 2019 WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY

By: Spilman Thomas & Battle, PLLC

/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
304.291.7951; 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)

CERTIFICATE OF SERVICE

I, Debra Lee Allen, hereby certify that on this 2nd day of November, 2019, the foregoing

West Virginia Economic Development Authority's Motion for Relief from the Automatic Stay to

Foreclose Against the Debtor's Real Property at 2506 Fish Pond Road, Old Fields, Hardy

County, West Virginia 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

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and the Debtor and its members will be mailed a copy by U.S. Mail, prepaid postage, addressed

to the following addresses, with a separate Certificate of Service to follow:

Panthera Enterprises, LLC
215 Depot Court, SE
Leesburg, VA 20175

James V. Punelli, Member Raymond C. Jones, Member
11654 Plaza America Drive #320 43787 Bent Creek Terrance
Reston, Virginia 20190 Leesburg, Virginia 20176

/s/ Debra Lee Allen
Debra Lee Allen, WV Bar No. 9838

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