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Mr. Smith has more than twenty (20) years of auditing and accounting experience

Date
2020-07-21

Summary

Exhibit A, Doc 261-1 in In re Panthera Enterprises, LLC, No. 2:19-bk-00787, a Chapter 7 case in the U.S. Bankruptcy Court for the Northern District of West Virginia, filed December 28, 2020. It reproduces the Trustee's Application to Employ Accountant, filed August 11, 2020 as Doc 216, in which Trustee Aaron C. Amore asks to employ Kelly T. Smith and Smith, Elliot, Kearns & Company, LLC to provide auditing services for the Debtor. The application describes Mr. Smith's more than twenty years of auditing experience and proposes rates of $190.00 per hour, $100.00-$130.00 for other staff and $90.00 for administrative assistants. It includes a certificate of service dated August 11, 2020. The five-page exhibit ends with the first page of an order signed by United States Bankruptcy Judge Paul M. Black.

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Full text

No.
 No.2:19-bk-00787
     2:19-bk-00787 Doc
                    Doc216
                        261-1Filed
                                 Filed
                                    08/11/20
                                       12/28/20Entered
                                                  Entered
                                                       08/11/20
                                                          12/28/20
                                                                10:42:56
                                                                   16:20:07Page
                                                                             Page
                                                                                1 of14
                                         of 5
                                                                         Exhibit A
                   UNITED STATES BANKRUPTCY COURT
              FOR THE NORTHERN DISTRICT OF WEST VIRGINIA


IN RE:

       PANTHERA ENTERPRISES, LLC                            Case No. 19-00787

       Debtor.                                              Chapter 7


                   APPLICATION TO EMPLOY ACCOUNTANT

       The undersigned Trustee herein, represents that:

       1. On or about July 21, 2020, the undersigned was appointed Trustee of the

above named Debtor, is qualified and is now acting as such Trustee.

       2. The Trustee requests this Court authorize him to employ Kelly T. Smith

CPA, CGMA, MBA and the firm of Smith, Elliot, Kearns & Company, LLC, whose

business address is 19405 Emerald Square, Suite 1400, Hagerstown, MD 21742.

Mr. Smith has more than twenty (20) years of auditing and accounting experience

as a practitioner in public accounting practice. He has expertise in the design and

execution of internal control audits, efficiency audits, and compliance audits. He is a

member of the American Institute of Certified Public Accountants as well as the

Pennsylvania and Maryland Institutes of Certified Public Accountants. His firm,

Smith, Elliot, Kearns &Company is licensed to perform accounting services in the

State of West Virginia.

       3. The Trustee requires the professional services of an Accountant to provide

auditing services for the above-named Debtor. The Trustee requests that Kelly T.

Smith CPA, CGMA, MBA and the firm of Smith, Elliot, Kearns & Company, LLC be
No.
 No.2:19-bk-00787
     2:19-bk-00787 Doc
                    Doc216
                        261-1Filed
                                 Filed
                                    08/11/20
                                       12/28/20Entered
                                                  Entered
                                                       08/11/20
                                                          12/28/20
                                                                10:42:56
                                                                   16:20:07Page
                                                                             Page
                                                                                2 of24
                                         of 5

approved as Accountant to provide the Trustee with auditing service. Although the

Trustee has previously moved to employ John P. Lantzy, CPA and the firm of

Smith, Elliot, Kearns & Company, LLC whose expertise is necessary for tax advice

and tax preparation, Mr. Kelly’s expertise in performing audits is also necessary for

proper administration of the above-named Debtor’s bankruptcy estate.

       4. To the best of the Trustee’s knowledge said Accountant and Firm has no

connection with the Debtor, the creditors or other parties in interest.

       WHEREFORE, Trustee prays that he be authorized to employ Kelly T. Smith

CPA, CGMA, MBA and the firm of Smith, Elliot, Kearns & Company, LLC, at a rate

of One Hundred and Ninety Dollars ($190.00) per hour with other staff billing at a

rate of One Hundred to One Hundred and Thirty Dollars ($100.00-$130.00) per

hour and administrative assistants at a rate of Ninety Dollars ($90.00) per hour.

Fee applications will be filed with this Court for approval of all fees and expenses

incurred as an Accountant employed by the Trustee.



                                              Respectfully submitted by:



                                              /s/ Aaron C. Amore
                                              Aaron C. Amore, Trustee
                                              WVSB No. 6455
                                              206 West Liberty Street
                                              P.O. Box 386
                                              Charles Town, WV 25414
                                              Phone: 304-885-4111
                                              Facsimile: 866-417-8796
                                              E-mail: aaron@amorelaw.com
No.
 No.2:19-bk-00787
     2:19-bk-00787 Doc
                    Doc216
                        261-1Filed
                                 Filed
                                    08/11/20
                                       12/28/20Entered
                                                  Entered
                                                       08/11/20
                                                          12/28/20
                                                                10:42:56
                                                                   16:20:07Page
                                                                             Page
                                                                                3 of34
                                         of 5


                               CERTIFICATE OF SERVICE

        I hereby certify that the foregoing APPLICATION TO EMPLOY

ACCOUNTANT was served upon the following individuals at the addresses listed

below, by placing a true and correct copy thereof in the United States mail, postage

prepaid or via email or CM/ECF, on this 11th day of August, 2020.


Electronically via E-mail:

        John P. Lantzy              jlantzy@sek.com

        Kelly T. Smith              ksmith@sek.com


Electronically via CM/ECF:
    •   Debra Lee Allen      dallen@spilmanlaw.com

    •   Aaron C. Amore amorewvt@gmail.com,
        aca@trustesolutions.net;jackiewvt@gmail.com;annwvt@gmail.com

    •   Robert S. Bernstein rbernstein@bernsteinlaw.com,
        cwirick@bernsteinlaw.com;cwirick@ecf.courtdrive.com;rbernstein@ecf.courtdr
        ive.com

    •   Julia A. Chincheck      jchincheck@bowlesrice.com

    •   Spencer D. Elliott     selliott@lgcr.com

    •   Leslie Gallian    leslie_gallian@wvsb.uscourts.gov

    •   Douglas E. Kahle      dkahle@basnightkinser.com

    •   Gary O. Kinder       gary.o.kinder@usdoj.gov

    •   Travis Alan Knobbe       tknobbe@spilmanlaw.com, dambrose@spilmanlaw.com

    •   William J. Leon      jayleon@comcast.net

    •   Salene Rae Mazur Kraemer         skraemer@bernsteinlaw.com,
        salene@ecf.courtdrive.com,

    •   John J. Richardson      jrichardson@bernsteinlaw.com
No.
 No.2:19-bk-00787
     2:19-bk-00787 Doc
                    Doc216
                        261-1Filed
                                 Filed
                                    08/11/20
                                       12/28/20Entered
                                                  Entered
                                                       08/11/20
                                                          12/28/20
                                                                10:42:56
                                                                   16:20:07Page
                                                                             Page
                                                                                4 of44
                                         of 5

    •   Zachary James Rosencrance      zrosencrance@bowlesrice.com,
        ajones@bowlesrice.com

    •   Lisa Smolder   lisa_smolder@wvsb.uscourts.gov

    •   United States Trustee     ustpregion04.ct.ecf@usdoj.gov

    •   Eric Michael Wilson     eric.m.wilson@wv.gov, lora.l.rutledge@wv.gov



    The following individuals have not been served via U.S. Mail as two prior
    motions by the Trustee resulted in all mail being returned to the Trustee as
    undeliverable due to incomplete addresses:

    Rob Duncan
    Manager/Duncan Development Group, LLC

    Rob Duncan
    Manager/TR&L, LLC,
    a Virginia Limited Liability Company
    Successor to SMI, LLC,
    a Virginia Limited Liability Company

    Bruce Hardy

    Stacie Hardy

    Mark A. Lindsay
    707 Grant Street, Suite 2200
    Pittsburgh, PA 15219

    Anthony McIntyre

    Timothy Miller

    John J. Richardson
    Bernstein-Burkley, P.C
    707 Grant Street, Ste. 2200
    Pittsburgh, PA 15219


                                               /s/ Aaron C. Amore
                                               Aaron C. Amore
 No.
No.  2:19-bk-00787 Doc
    2:19-bk-00787
 SIGNED
                     Doc235
                         261-1Filed
                                  Filed 12/28/20Entered
                                     10/06/20      Entered   12/28/20
                                                         10/06/20      16:20:07Page
                                                                    11:26:23       Page
                                                                                     1 of51
                                          of 5    ________________________________
 THIS ORDER HAS BEEN ENTERED ON THE
                                                           Paul M. Black
 DOCKET.
                                                 UNITED STATES BANKRUPTCY JUDGE
 PLEASE SEE DOCKET FOR ENTRY DATE.


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