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Order Converting Case under Chapter 11 to Case under Chapter 7 — In re Panthera Enterprises, LLC

Date
2020-07-20

Full text

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

IN RE:

PANTHERA ENTERPRISES, LLC,

                          Debtor,
Bankruptcy No. 2:19-bk-00787

Chapter 11

ORDER CONVERTING CASE UNDER CHAPTER 11 TO CASE UNDER CHAPTER 7

And now this ___ day of ____________, 2020, upon consideration of the United States
Trustee's Motion to Dismiss or Convert (Doc. No. 112) and the Joint Motion to Convert Case to
Chapter 7 filed by Panthera Training, LLC and the West Virginia Economic Development
Authority (Doc. No. 132), and upon the Debtor’s withdrawal of its Objections thereto and its
consent to conversion of this case to a Chapter 7 proceeding, it is hereby ORDERED,
ADJUDGED, and DECREED, that:
1. The Court finds it is in the best interest of creditors and the estate to CONVERT the
present chapter 11 case to a proceeding under chapter 7.
2. The Debtor shall:
(a) turn over to the chapter 7 trustee all records and property of the estate under its
custody and control as required by Bankruptcy Rule 1019(4);
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(b) within 14 days of the date of this Order, file a schedule of all unpaid debts incurred
after the commencement of the chapter 11 case, and a list of all post-petition claimants
with their names and addresses as required by Bankruptcy Rule 1019(5); and
(c) within 30 days of the date of this Order, file and transmit to the United States Trustee
a final report and account as required by Bankruptcy Rule 1019(5).
3. Within 14 days of the date of this Order, the Debtor shall file the Statements and
Schedules required by Bankruptcy Rules 1019(1)(A) and 1007(b), if such documents have not
already been filed.
4. It is FURTHER ORDERED that the Clerk shall send the notice required by
Bankruptcy Rule 1019(6). If the schedule per paragraph 2(b) is filed in time for the Clerk to
include post-petition creditors in the § 341 Notice mailing, the Clerk shall so include the post-
petition creditors in that mailing. If the report per paragraph 2(b) is not filed in time for inclusion
of the post-petition creditors in the § 341 Notice mailing, the Clerk shall send, within ten (10)
days of the filing of the paragraph 2(b) report, the notice required by Bankruptcy Rule 1019(6).
5. It is FURTHER ORDERED that within forty-five (45) days hereof all Chapter 11 fee
petitions by any professional shall be filed with the Clerk of the Bankruptcy Court and all such
claims shall be deemed timely filed in accordance with Bankruptcy Rule 1019(6). Any such fee
petition shall be captioned “Chapter 11 Fee Petition in Converted Case” and shall designate the
case number as “Bankruptcy No. 19-0787.”
6. It is FURTHER ORDERED Counsel for Debtor shall immediately serve a copy of this
Order on any professional of record in the above case and shall file a certificate of service with
the Clerk of the Bankruptcy Court within ten (10) days hereof.

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Order Agreed to:
s/ Mark Lindsay
Mark Lindsay, Esq.
Bernstein Burkley, P.C.
707 Grant St., Suite 2200
Pittsburgh, PA  15219
Counsel for
Panthera Enterprises, LLC
s/ Gary O. Kinder
Gary O. Kinder, Esq.
U.S. Trustee's Office
300 Virginia Street East, Rm. 2025
Charleston, WV  25301
U.S. Trustee's Office

s/ Douglas E. Kahle
s/ Debra Lee Allen
Debra Lee Allen, Esq.
Spilman Thomas & Battle, PLLC
48 Donley Street, Suite 800
Morgantown, WV  25414
Counsel for West Virginia
Economic Development Authority
Douglas E. Kahle, Esq.
Basnight, Kinser, Leftwich & Nuckolls
308 Cedar Lakes Drive, 2nd Floor
Chesapeake, VA  23322

Julia A. Chincheck, Esq.
Zachary James Rosencrance, Esq.
Bowles Rice
600 Quarrier Street
Charleston, WV  25301
Counsel for Panthera Training, LLC

No. 2:19-bk-00787    Doc 200    Filed 07/20/20    Entered 07/20/20 10:02:49    Page 3 of 3

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