an order approving the professional fees of Kelly T. Smith, CPA of the firm of Smith, Elliot
- Date
- 2020-10-16
Summary
A Supplemental Fee Application for Payment of Professional Fees of Kelly T. Smith, CPA, filed September 20, 2022 as Doc 410 in In re Panthera Enterprises, LLC, Case No. 19-00787, a Chapter 7 case in the United States Bankruptcy Court for the Northern District of West Virginia. Trustee Aaron C. Amore asks the court to approve the fees of Smith, Elliot, Kearns & Company, LLC under Bankruptcy Rule 2016. The application states that the court approved the firm's employment on October 16, 2020 and approved an earlier fee application by order entered February 16, 2021. It states that a June 25, 2021 order under 11 U.S.C. § 363 authorized the trustee to novate certain government contracts, and that the firm prepared financial compilations for that process. It requests approval of fees of $1,914.00 and closes with a certificate of service.
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No. 2:19-bk-00787 Doc 410 Filed 09/20/22 Entered 09/20/22 14:45:14 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
SUPPLEMENTAL FEE APPLICATION FOR PAYMENT OF PROFESSIONAL
FEES OF KELLY T. SMITH, CPA
Now comes Aaron C. Amore, the duly appointed Trustee of the above-name Debtor with
a Supplemental Fee Application for Payment of Professional Fees and requests this Court enter
an order approving the professional fees of Kelly T. Smith, CPA of the firm of Smith, Elliot,
Kearns & Company, LLC (hereafter “Smith”) pursuant to Bankruptcy Rule 2016.
This Court entered an order approving the Trustee’s employment of Smith on October 16,
2020. See Exhibit A. Smith was retained to investigate and prepare a report as directed by the
Trustee related to his review of Panthera Training, LLC financial reports as part of the Trustee’s
investigation of claims alleged by the Debtor in adversary proceeding 2:19-ap-51. Smith
completed the work and prepared a report to the Trustee pursuant to the terms of his
employment. A fee application for preparation of this report was filed on December 28, 2020 and
approved by Court order entered February 16, 2021. See Exhibit B.
On June 25, 2021, the Court entered an Order granting the Trustee’s Motion for an Order
Approving the Sale of the Debtor’s Real Property and Novating Certain Government Contracts
Free and Clear of Liens, Claims, Interests, and Encumbrances Pursuant to 11 U.S.C. § 363. See
Exhibit C. Under the terms of this Order, the Trustee is authorized to take actions necessary to
novate certain government contracts on behalf of Debtor. In order to meet the contract novation
No. 2:19-bk-00787 Doc 410 Filed 09/20/22 Entered 09/20/22 14:45:14 Page 2 of 4
requirements of the federal government entities, the Trustee was required to prepare certain
financial compilations related to Panthera Enterprises, LLC as of the day before the sale of the
Debtor’s real property.
Smith performed said required compilations on behalf of the Trustee, under the terms of
his employment as approved by this Court. These compilations were submitted to the
governmental agencies as part of the contract novation process. In doing so, Smith expended
time and incurred professional fees in the amount of $1,914.00 (One Thousand Nine Hundred
Fourteen Dollars and Zero Cents). See Exhibit D.
Wherefore, the Trustee asks for approval of Smith’s fees as reflected on Exhibit D to this
fee application in the amount of $1,914.00 and grant any further relief this Court deems just and
necessary.
Respectfully submitted,
/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 410 Filed 09/20/22 Entered 09/20/22 14:45:14 Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that the foregoing SUPPLEMENTAL FEE APPLICATION FOR
PAYMENT OF PROFESSIONAL FEES OF KELLY T. SMITH, CPA 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 20th day of September
2022.
Via Email:
Kelly T. Smith ksmith@sek.com
Jack Lantzy jlantzy@sek.com
Mark A. Lindsay mlindsay@bernsteinlaw.com
Rob Duncan tarpon777@yahoo.com
Rob Duncan as manager of TR&L tkelsey@woodsrogers.com
Bruce & Stacie Hardy bsrhardy@comcast.net
Via CM/ECF
Debra Lee Allen dallen@spilmanlaw.com
Aaron C. Amore aaron@amorelaw.com,
jackie@amorelaw.com;c.ar70274@notify.bestcase.com;alaina@amorelaw.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.courtdrive.com
Elizabeth B. Carroll elizabeth_carroll@vawb.uscourts.gov
Julia A. Chincheck jchincheck@bowlesrice.com
Spencer D. Elliott selliott@lgcr.com
Douglas Kahle dkahle@basnightkinser.com
Gary O. Kinder gary.o.kinder@usdoj.gov
Travis Alan Knobbe tknobbe@spilmanlaw.com, dambrose@spilmanlaw.com
Sabrina B. Lee sabrina_lee@vawb.uscourts.gov
William J. Leon jayleon@comcast.net
Salene Rae Mazur Kraemer skraemer@bernsteinlaw.com, salene@ecf.courtdrive.com,
Michael R. Proctor mproctor@bowlesrice.com, lcrown@bowlesrice.com
Brandy M. Rapp brapp@wtplaw.com, twhitt@wtplaw.com
John J. Richardson jrichardson@bernsteinlaw.com
Zachary James Rosencrance zrosencrance@bowlesrice.com, ajones@bowlesrice.com
Kathy M. Santa Barbara ksantabarbara@yahoo.com, cmarshsblo@yahoo.com
Robert Sellards rms@bcyon.com
James E. Smith jes2esq@frontiernet.net
No. 2:19-bk-00787 Doc 410 Filed 09/20/22 Entered 09/20/22 14:45:14 Page 4 of 4
Anita M. Swaton Anita_Swaton@wvnb.uscourts.gov
Steven L. Thomas sthomas@kaycasto.com,
lwalker@kaycasto.com;abrewster@kaycasto.com;nball@kaycasto.com
Stephen L. Thompson sthompson@barth-thompson.com, office@barth-
thompson.com;chris@barth-thompson.com
United States Trustee ustpregion04.ct.ecf@usdoj.gov
Eric Michael Wilson eric.m.wilson@wv.gov, lora.l.rutledge@wv.gov
Manual Notice List
Notice was not mailed to the parties below as no addresses were provided. To the extent the
Trustee has email addresses the below notice parties, they were emailed.
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
Anthony McIntyre
Timothy Miller
/s/ Aaron C. Amore
Aaron C. Amore
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