Debtor’s Response to Motion to Dismiss or Convert

Summary

The Debtor's Response to Motion to Dismiss or Convert, dated April 24, 2020 and filed as Doc 122 in In re Panthera Enterprises, LLC, Case No. 19-00787 (No. 2:19-bk-00787), Chapter 11, U.S. Bankruptcy Court for the Northern District of West Virginia, with a /s/ signature for John J. Richardson of Bernstein-Burkley, P.C. as counsel for Debtor. The Debtor responds to the United States Trustee's motion to dismiss the case or convert it to Chapter 7 under 11 U.S.C. §1112(b), which was based on a lapse of casualty insurance on its real property. It states that it obtained a policy of casualty insurance effective April 17, 2020 through April 17, 2021, and that the Trustee Motion is therefore moot. It asks the Court to deny the motion in its entirety, without prejudice.

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

In re:
PANTHERA ENTERPRISES, LLC,

Case No. 19-00787

Chapter 11

Debtor.

DEBTOR’S RESPONSE TO MOTION TO DISMISS OR CONVERT

And now comes Panthera Enterprises, LLC (”Panthera” or “Debtor”), by and through its
undersigned counsel, Bernstein-Burkley, P.C., and hereby files this Response to the Motion to
Dismiss or Convert (the “Response”) in response to United States Trustee’s Motion to Dismiss
or Convert to Chapter 7 pursuant to 11 U.S.C. §1112(b) (the “Trustee Motion”) and in support
thereof states as follows:
1.
On April 7, 2020, the United States Trustee (“UST”) filed a Motion to Dismiss
Case or Convert Case to Chapter 7 (the “Trustee Motion”) based upon the fact that the policy of
casualty insurance related to the Debtor’s real property had lapsed.
2.
The Court should deny the Trustee Motion on because the Debtor has addressed
the concerns of the UST by obtaining a policy of casualty insurance and the Trustee Motion is
accordingly now moot.
3.
The Debtor owns real property located at 2506 Fish Pond Road, Old Fields, West
Virginia, 26845, which includes various improvements, structures and attached personal property
(the “Property”)..
4.
As noted by the UST, the Property is utilized as a training facility primarily by an
unaffiliated lessee, Panthera Training, LLC (“PT”).  Specifically, the Debtor and PT executed
that certain commercial lease dated June 1, 2018 related to the Debtor’s Property.  The Debtor
No. 2:19-bk-00787    Doc 122    Filed 04/24/20    Entered 04/24/20 16:49:19    Page 1 of 4

and PT also executed that certain Subcontract dated June 1, 2018 pursuant to which the Debtor
engaged PT as a subcontractor to perform work for Debtor on various prime contracts held by
the Debtor and its subsidiary.
5.
The Debtor and PT disagree as to who is responsible for maintaining certain
policies of insurance related to the Property.  Nevertheless, the Debtor acknowledges that the
casualty insurance on the Property lapsed and was not in place.  Upon discovering that such
insurance was not in place and that Panthera Training was taking the position that it would not
maintain such insurance, the Debtor sought and procured a policy of casualty insurance as
required by the UST.  The new casualty insurance policy period is effective as of April 17, 2020
and extends through April 17, 2021.  A copy of the insurance summary page is attached hereto as
Exhibit A and made a part hereof.
6.
A copy of the proof of insurance was separately provided to the UST and counsel
for the UST advised Debtor’s counsel that the procurement of such insurance policy renders the
Trustee Motion moot.  The UST requested that additional evidence be provided showing the
UST as an interested party certificate holder on the policy.  Such evidence was provided to the
UST by electronic mail on April 24, 2020.

No. 2:19-bk-00787    Doc 122    Filed 04/24/20    Entered 04/24/20 16:49:19    Page 2 of 4

WHEREFORE, Debtor requests that this Honorable Court enter an Order denying the
Trustee’s Motion to Dismiss Case or Convert to Chapter 7 in its entirety, without prejudice.
Respectfully submitted:
Date: April 24, 2020

BERNSTEIN-BURKLEY, P.C.

By: /s/ John J. Richardson

John J. Richardson, Esq., WV ID 13140

jrichardson@bernsteinlaw.com
Mark A. Lindsay, Esq., PA ID 89487

Admitted Pro Hac Vice
mlindsay@bernsteinlaw.com
707 Grant Street, Ste. 2200

Pittsburgh, PA 15219

Phone: (412) 456-8101

Fax: (412) 456-8135

Counsel for Debtor

No. 2:19-bk-00787    Doc 122    Filed 04/24/20    Entered 04/24/20 16:49:19    Page 3 of 4

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that the within Response to United States Trustee’s Motion to
Dismiss or Convert Case was served via the CM/ECF system upon all parties and counsel of record in
this adversary proceeding on this 24th day of April, 2020.
Respectfully submitted:
Date: April 24, 2020

BERNSTEIN-BURKLEY, P.C.

By: /s/ John J. Richardson

John J. Richardson, Esq.

WV ID: 13140

jrichardson@bernsteinlaw.com
707 Grant Street, Ste. 2200

Pittsburgh, PA 15219

Phone: (412) 456-8101

Fax: (412) 456-8135

Counsel for Debtor

No. 2:19-bk-00787    Doc 122    Filed 04/24/20    Entered 04/24/20 16:49:19    Page 4 of 4

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