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Home Source documents Application to Employ Accountant — In re Panthera Enterprises, LLC, Case 2:19-bk-00787, Doc. 216 (Filed 08/11/20)

Application to Employ Accountant — In re Panthera Enterprises, LLC, Case 2:19-bk-00787, Doc. 216 (Filed 08/11/20)

Date
2020-07-21

Summary

An Application to Employ Accountant filed August 11, 2020 as Doc 216 in In re Panthera Enterprises, LLC, Case No. 19-00787, a Chapter 7 case in the U.S. Bankruptcy Court for the Northern District of West Virginia. Trustee Aaron C. Amore, appointed on or about July 21, 2020, asks to employ Kelly T. Smith CPA, CGMA, MBA and the firm of 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 states that, to the best of the trustee's knowledge, the accountant and firm have no connection with the debtor or creditors. It proposes rates of $190.00 per hour, $100.00-$130.00 per hour for other staff and $90.00 per hour for administrative assistants. The four-page filing includes a certificate of service.

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Cite this document

“Application to Employ Accountant — In re Panthera Enterprises, LLC, Case 2:19-bk-00787, Doc. 216 (Filed 08/11/20).” Original at ecf.wvnb.uscourts.gov, dated 2020-07-21. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-07-21-mr-smith-has-more-than-twenty-20-years-of-auditing-and-accounting-experience/, SHA-256 fcf0d1d9004a9f468bd72e405dc3ff8d14d05a52964aa4ae88c4004298e4d7fc.

Full text

No. 2:19-bk-00787   Doc 216   Filed 08/11/20   Entered 08/11/20 10:42:56    Page 1 of 4


                  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. 2:19-bk-00787   Doc 216   Filed 08/11/20   Entered 08/11/20 10:42:56    Page 2 of 4


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. 2:19-bk-00787   Doc 216     Filed 08/11/20    Entered 08/11/20 10:42:56   Page 3 of 4



                              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. 2:19-bk-00787   Doc 216    Filed 08/11/20   Entered 08/11/20 10:42:56   Page 4 of 4


   •   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


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