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Stipulated Consent Order Granting Motion of Darrick and Emily
Date
2020-06-23
Full text
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
(Martinsburg)
In re
PANTHERA ENTERPRISES, LLC,
BK No. 2:19-bk-00787
Chapter 11
Debtor.
STIPULATED CONSENT ORDER GRANTING MOTION OF DARRICK AND EMILY
GUST FOR RELIEF FROM AUTOMATIC STAY AND WITHDRAWING REQUEST
FOR ADMINISTRATIVE EXPENSE CLAIM WITHOUT PREJUDICE
Pending before the Court is the MOTION OF DARRICK AND EMILY GUST FOR RELIEF
FROM AUTOMATIC STAY TO PURSUE INSURANCE WITH COMBINED REQUEST FOR
ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM, Docket # 152 (“Motion”). Based upon
the agreement of the parties, it is hereby ORDERED THAT:
1.
The request for relief from the automatic stay in the Motion is GRANTED as set
forth herein. It is further ORDERED that the Automatic Stay under 11 U.S.C. §362 is hereby
modified to enable and allow Movants to name the Debtor as a defendant in a civil action to be
filed in state court in West Virginia: (a) to proceed to a final judgment or settlement of Movants’
claims; and (b) to attempt to recover any liquidated final judgment or settlement on the claims
against the Debtor only from and under the terms of Available Coverage (as defined in the Motion).
2.
It is further ORDERED that Movants shall limit any collection or recovery of their
claims to insurance proceeds from Available Coverage and Movants shall take no action against
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the Debtor’s property for the duration of the Debtor’s pending bankruptcy case without further
leave of this Court.
3.
It is further ORDERED Movants’ pending request in the Motion for an
administrative expense claim shall be deemed withdrawn, without prejudice, and nothing shall
prevent Movants from filing a new application for an administrative expense claim prior to any
administrative claim bar date in this bankruptcy case in the event Movants determine that the
Available Coverage is insufficient (or likely to be insufficient) to satisfy Movants’ claims.
4.
The stay relief granted by this Order shall survive any discharge and/or injunction
provisions that may be set forth in any Plan of Reorganization confirmed by the Debtor.
5.
This Order may be filed in any Court of competent jurisdiction to establish that
Movants’ claims are not stayed or otherwise impaired by the Debtor’s bankruptcy case.
6.
Nothing in this Order is intended to bind any non-debtor defendant nor shall it be
deemed to waive or release any claim against any non-debtor defendant in any of civil action filed
by Movants.
7.
The Court shall retain jurisdiction with respect to all matters arising from or related
to the implementation of this Order.
IT IS SO ORDERED
Agreed to by:
/s/ John J. Richardson
John J. Richardson, Esq., WV Bar ID: 13140
Mark A. Lindsay, Esq., PA Bar ID: 89487 (pro hac vice)
BERNSTEIN-BURKLEY, P.C.
707 Grant Street, Suite 2200
Pittsburgh, PA 15219
p. (412) 456-8100
f. (412) 456-8135
jrichardson@bernsteinlaw.com
mlindsay@bernsteinlaw.com
Counsel for Debtor, Panthera Enterprises, LLC
No. 2:19-bk-00787 Doc 179 Filed 06/23/20 Entered 06/23/20 12:00:04 Page 2 of 3
/s/ Spencer D. Elliott
Spencer D. Elliott (WVSB 8064)
LEWIS GLASSER PLLC
P.O. Box 1746
Charleston, WV 25326
Telephone: (304) 345-2000
Facsimile: (304) 343-7099
selliott@lewisglasser.com
Counsel for Movants Darrick & Emily Gust
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