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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
In re
PANTHERA ENTERPRISES, LLC,
Debtor.
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BK No. 2:19-BK-00787
Chapter 11
WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY'S
MOTION FOR LEAVE TO BE HEARD AT THE HEARING ON THE
UNITED STATES TRUSTEE'S MOTION TO DISMISS CASE OR CONVERT
West Virginia Economic Development Authority ("WVEDA"), by counsel, seeks leave
to be heard at the hearing set for Wednesday, May 27, 2020 on the United States Trustee's
Motion to Dismiss Case or Convert to Chapter 7 for failure to maintain adequate insurance, and
in support of its motion, states as follows:
1.
Panthera Enterprises, LLC ("Debtor") initiated this bankruptcy case on September
13, 2019, with the filing of a voluntary petition for relief under Chapter 11 of the United States
Bankruptcy Code.
2.
WVEDA is the Debtor's largest creditor, with a claim of $6,477,180.47 based
upon two loans made to the Debtor prepetition. WVEDA's claim is secured by a lien against a
750 acre tract of land, in Hardy County, West Virginia ("Real Property"), scheduled as property
of the Debtor.
3.
On April 7, 2020, the United States Trustee filed its Motion to Dismiss or Convert
the Debtor's case to Chapter 7 for failure to maintain adequate insurance. (Doc. 112) The Court
heard the Motion on April 29, 2020, but continued the hearing to Wednesday, May 27, 2020 to
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allow the parties further time to resolve certain questions related to the insurance procured by the
Debtor. (Doc 126)
4.
WVEDA has not filed a motion to join in the United States Trustee's Motion.
However, WVEDA and Panthera Training, LLC filed on May 7, 2020, a Joint Motion to Convert
This Case to a Chapter 7 Proceeding for Cause Pursuant to 11 U.S.C. § 1112(b)(1) ("Joint
Motion"), and among the bases for finding cause to convert the Debtor's case is the Debtor's
failure to maintain adequate insurance. (Doc. 132, ¶¶ 38-47) Hearing on the Joint Motion is
scheduled for Wednesday, June 10, 2020.
5.
Accordingly, WVEDA seeks leave to be heard at the hearing on May 27, 2020
insofar as the Court is considering whether to convert the Debtor's case for lack of adequate
insurance under 11 U.S.C. § 1112(b)(1). Otherwise, a decision on the United States Trustee's
Motion could prejudice WVEDA's ability to argue on June 10, 2020 lack of adequate insurance
as cause for converting this case to a Chapter 7. WVEDA incorporates by reference paragraphs
38-47 of the Joint Motion as if fully set forth herein.
WHEREFORE, West Virginia Economic Development Authority respectfully seeks
leave of Court to allow it to be heard at the hearing scheduled for May 27, 2020 on the United
States Trustee's Motion to Dismiss or Convert the Debtor's case to Chapter 7 for failure to
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maintain adequate insurance and to grant such other and further relief as the Court deems
appropriate.
Dated: May 19, 2020
WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY
By Spilman Thomas & Battle, PLLC
s/ Debra Lee Allen
Debra Lee Allen, WVSB # 9838
48 Donley Street, Suite 800
Morgantown, WV 26507-0615
304.291.7920 | 304.216.5835
Email: dallen@spilmanlaw.com
Counsel for West Virginia
Economic Development Authority
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
(Martinsburg)
In re
PANTHERA ENTERPRISES, LLC,
Debtor.
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:
:
:
:
:
BK No. 2:19-bk-00787
Chapter 11
CERTIFICATE OF SERVICE
I, Debra Lee Allen, hereby certify that on this 19th day of May 2020, the foregoing West
Virginia Economic Development Authority's Motion for Leave to be Heard at the Hearing on the
United States Trustee's Motion to Dismiss Case or Convert 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
s/ Debra Lee Allen
Debra Lee Allen, WVSB # 9838
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