This Order Has Been Entered On The Docket
- Date
- 2020-12-17
Summary
An Order Granting Motion to Compromise/Settle Adversary Proceeding in In re Panthera Enterprises, LLC, Case No. 19-00787, in the U.S. Bankruptcy Court for the Northern District of West Virginia, filed December 17, 2020 in the adversary case Panthera Enterprises, LLC v. Panthera Training, LLC and docketed as Doc 258. The Trustee, Aaron C. Amore, sought to resolve the adversary claims by mutual dismissal with the defendant and its counterclaims under 11 U.S.C. §§ 105, 541, 704 and Rule 9019. The order states that the Trustee and his expert were unable to substantiate the claims that the defendant failed to pay over excess rents under the lease, and that no objections were filed. The court grants the motion and dismisses the matter with prejudice, and a Bankruptcy Noticing Center certificate of notice follows the order.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
hat _
wo Bee es ewes, reo nll Cee hae oe
PLEASE SEE DOCKET FOR ENTRY DATE. UNITED STATES BANKRUPTCY JUDGE
IN THE UNITED STATES BANKRUPTCY COURT FOR THE
NORTHERN DISTRICT OF WEST VIRGINIA
IN RE:
PANTHERA ENTERPRISES, LLC,
Debtor.
Case No. 19-00787
Chapter 11
PANTHERA ENTERPRISES, LLC,
Plaintiff,
Vv. Adv. Pro. No. 2:19-51
PANTHERA TRAINING, LLC,
Defendant.
ORDER GRANTING MOTION TO COMPROMISE/SETTLE
ADVERSARY PROCEEDING
On a day prior came Aaron C. Amore, Trustee for the Estate of Panthera
Enterprises, LLC, by and through counsel, Aaron C. Amore of Amore Law, PLLC
with a compromise and settlement of certain claims as between these parties
pursuant to 11 U.S.C. §§ 105, 541, 704, and Fed. R. Bankr. P. 2002, and 9019. The
Trustee sought to resolve the claims asserted in this adversary proceeding by way of
mutual dismissal with the Defendant along with its counterclaims. The motion has
been duly noticed and is now ripe for the Court’s consideration.
A decision to compromise a claim is also reviewed under the business
judgment test. E.g., In re OptInRealBig.com, LLC, 345 B.R. 277, 292 (Bankr. D.
Page 1 of 3
No. 2:19-bk-00787 Doc 258 Filed 12/17/20 Entered 12/18/20 01:17:35 Page 2 of 6
Colo. 2006) (“Where an application under Rule 9019 is appropriate, the Court's job
is to determine whether a given settlement is fair and equitable to the estate. In
making its determination, the Court gives some deference to the business judgment
of the debtor-in-possession.”). A review of that business judgment generally turns on
the outcome of four factors: (1) the probability of success in litigation; (2) the likely
difficulties in collection; (3) the complexity of the litigation involved, and the
expense, inconvenience and delay necessarily attending it; and (4) the paramount
interest of the creditors. Fry’s Metals, Inc. v. Gibbons (In re RFE Industries, Inc.),
283 F.3d 159, 165 (8rd Cir. 2008). See also Protective Committee for Independent
Stockholders of TMT Trailer Ferry, Inc. v. Anderson, 390 U.S. 414, 424-25 (1968)
(same); Drexel v. Loomis, 35 F.2d 800, 806 (8th Cir. 1929) (same). A compromise of
claims under Rule 9019 serves the purpose of binding the bankruptcy estate and the
creditor to the terms of the bargain struck by the parties. OptInRealBig.com, 345
B.R. at 291.
The Trustee investigated the alleged claims set out forth in the adversary
proceeding. He has engaged an expert to conduct a financial review of the
Defendant’s books, records and accounts to determine if there was a breach of the
lease agreement related to the additional rents provision that would entitle the
Debtor to excess rent payments and/or determine a breach of the lease occurred.
The Trustee, and the Trustee’s expert, were unable to substantiate the claims which
alleged that the Defendant failed to pay over excess rents pursuant to the lease. A
summary report of this financial review was attached as Exhibit A to the Trustee’s
Page 2 of 3
No. 2:19-bk-00787 Doc 258 Filed 12/17/20 Entered 12/18/20 01:17:35 Page 3of6
motion. The Trustee was also unable to substantiate any of the other claims
asserted in the adversary proceeding by the Debtor such that he might pursue
claim(s) for damages and/or to establish that the lease was breached by the
Defendant. The Court acknowledges the Trustee is accorded significant deference
in the exercise of his business judgment.
The Motion to Compromise has been properly served upon the creditors and
parties in interest with no objections being filed within the time period as noticed by
the Clerk of this Court.
Accordingly, It is;
ORDERED and ADJUDGED that the Trustee’s Motion to
Compromise/Settle the adversary proceeding against Panther Training, LLC is
hereby GRANTED. This matter is dismissed with prejudice.
Prepared by:
/s/ Aaron C. Amore
Aaron C. Amore, WVSB No. 6455
Counsel for Ch. 7 Trustee
Seen and Agreed:
/s/Julia A. Chincheck
Julia A. Chincheck (WV Bar No. 718)
Michael R. Proctor (WV Bar No. 9122)
Zachary J. Rosencrance (WV Bar No. 13040)
BOWLES RICE LLP
/s/Douglas E. Kahle
Douglas E. Kahle (VA Bar No. 15964), appearing pro hac vice
BASNIGHT, KINSER, LEFTWICH & NUCKOLLS, P.C.
Page 3 of 3
No. 2:19-bk-00787 Doc 258 United States
Filed 12/17/20Bankruptcy Court 12/18/20 01:17:35 Page 4 of 6
Entered
Northern District of West Virginia
In re: Case No. 19-00787-pmb
Panthera Enterprises, LLC Chapter 7
Debtor(s)
CERTIFICATE OF NOTICE
District/off: 0424-2 User: ad Page 1 of 3
Date Rcvd: Dec 15, 2020 Form ID: pdfdoc Total Noticed: 3
The following symbols are used throughout this certificate:
Symbol Definition
+ Addresses marked '+' were corrected by inserting the ZIP, adding the last four digits to complete the zip +4, or replacing an incorrect ZIP. USPS
regulations require that automation-compatible mail display the correct ZIP.
Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Dec 17, 2020:
Recip ID Recipient Name and Address
db Panthera Enterprises, LLC, 2506 Fishpond Road, Old Fields, WV 26845
aty + Mark A. Lindsay, 707 Grant Street, Suite 2200, Pittsburgh, PA 15219-1945
cr Panthera Training, LLC, 2506 Fish Pond Road, Old Fields, WV 26845
TOTAL: 3
Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center.
Electronic transmission includes sending notices via email (Email/text and Email/PDF), and electronic data interchange (EDI).
NONE
BYPASSED RECIPIENTS
The following addresses were not sent this bankruptcy notice due to an undeliverable address, *duplicate of an address listed above, *P duplicate of a
preferred address, or ## out of date forwarding orders with USPS.
NONE
NOTICE CERTIFICATION
I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities
in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and
belief.
Meeting of Creditor Notices only (Official Form 309): Pursuant to Fed .R. Bank. P.2002(a)(1), a notice containing the
complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains
the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies.
Date: Dec 17, 2020 Signature: /s/Joseph Speetjens
CM/ECF NOTICE OF ELECTRONIC FILING
The following persons/entities were sent notice through the court's CM/ECF electronic mail (Email) system on December 15, 2020 at the address(es) listed
below:
Name Email Address
Aaron C. Amore
amorewvt@gmail.com aca@trustesolutions.net;jackiewvt@gmail.com;annwvt@gmail.com
Aaron C. Amore
on behalf of Counter-Claimant Panthera Enterprises LLC amorewvt@gmail.com,
aca@trustesolutions.net;jackiewvt@gmail.com;annwvt@gmail.com
Aaron C. Amore
on behalf of Counter-Defendant Panthera Enterprises LLC amorewvt@gmail.com,
aca@trustesolutions.net;jackiewvt@gmail.com;annwvt@gmail.com
Aaron C. Amore
on behalf of Plaintiff Panthera Enterprises LLC amorewvt@gmail.com,
aca@trustesolutions.net;jackiewvt@gmail.com;annwvt@gmail.com
District/off:
No. 0424-2
2:19-bk-00787 Doc 258 Filed User: ad
12/17/20 Entered 12/18/20 01:17:35 Page
Page 5 of26of 3
Date Rcvd: Dec 15, 2020 Form ID: pdfdoc Total Noticed: 3
Aaron C. Amore
on behalf of Defendant Panthera Enterprises LLC amorewvt@gmail.com,
aca@trustesolutions.net;jackiewvt@gmail.com;annwvt@gmail.com
Aaron C. Amore
on behalf of Trustee Aaron C. Amore amorewvt@gmail.com aca@trustesolutions.net;jackiewvt@gmail.com;annwvt@gmail.com
Anita M. Swaton
Anita_Swaton@wvnb.uscourts.gov
Debra Lee Allen
on behalf of Creditor West Virginia Economic Development Authority dallen@spilmanlaw.com
Debra Lee Allen
on behalf of Defendant West Virginia Economic Development Authority dallen@spilmanlaw.com
Douglas Kahle
on behalf of Creditor Panthera Training LLC dkahle@basnightkinser.com
Douglas Kahle
on behalf of Counter-Claimant Panthera Training LLC dkahle@basnightkinser.com
Douglas Kahle
on behalf of Defendant Panthera Training LLC dkahle@basnightkinser.com
Elizabeth B. Carroll
elizabeth_carroll@vawb.uscourts.gov
Eric Michael Wilson
on behalf of Creditor West Virginia State Tax Department eric.m.wilson@wv.gov lora.l.rutledge@wv.gov
Gary O. Kinder
on behalf of U.S. Trustee United States Trustee gary.o.kinder@usdoj.gov
John J. Richardson
on behalf of Debtor Panthera Enterprises LLC jrichardson@bernsteinlaw.com
Julia A. Chincheck
on behalf of Counter-Claimant Panthera Training LLC jchincheck@bowlesrice.com
Julia A. Chincheck
on behalf of Creditor Panthera Training LLC jchincheck@bowlesrice.com
Julia A. Chincheck
on behalf of Defendant Panthera Training LLC jchincheck@bowlesrice.com
Robert S. Bernstein, Esq
on behalf of Debtor Panthera Enterprises LLC rbernstein@bernsteinlaw.com,
cwirick@bernsteinlaw.com;cwirick@ecf.courtdrive.com;rbernstein@ecf.courtdrive.com
Sabrina B. Lee
sabrina_lee@vawb.uscourts.gov
Salene Rae Mazur Kraemer
on behalf of Debtor Panthera Enterprises LLC skraemer@bernsteinlaw.com, salene@ecf.courtdrive.com,
Spencer D. Elliott
on behalf of Creditor Darrick and Emily Gust selliott@lgcr.com
Travis Alan Knobbe
on behalf of Creditor West Virginia Economic Development Authority tknobbe@spilmanlaw.com dambrose@spilmanlaw.com
United States Trustee
ustpregion04.ct.ecf@usdoj.gov
William J. Leon
on behalf of Counter-Defendant Bill V. Neff Sr. jayleon@comcast.net
William J. Leon
on behalf of Creditor SMI LLC jayleon@comcast.net
William J. Leon
on behalf of Plaintiff Bill V. Neff Sr. jayleon@comcast.net
Zachary James Rosencrance
on behalf of Creditor Panthera Training LLC zrosencrance@bowlesrice.com, ajones@bowlesrice.com
Zachary James Rosencrance
on behalf of Counter-Claimant Panthera Training LLC zrosencrance@bowlesrice.com, ajones@bowlesrice.com
Zachary James Rosencrance
on behalf of Defendant Panthera Training LLC zrosencrance@bowlesrice.com, ajones@bowlesrice.com
District/off:
No. 0424-2
2:19-bk-00787 Doc 258 Filed User: ad
12/17/20 Entered 12/18/20 01:17:35 Page
Page 6 of36of 3
Date Rcvd: Dec 15, 2020 Form ID: pdfdoc Total Noticed: 3
TOTAL: 31
File and source
- File
- gov.uscourts.wvnb.75953.258.0.pdf
- Size
- 234,420 bytes
- SHA-256
- 40a1800bbed69839a208f628ec32dbcf264ad34ad0bc0d10fbc006887ceefab9
- Original
- PACER (login required)