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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
In Re:
PANTHERA ENTERPRISES, LLC,
Chapter 11
Case No.: 2:19-bk-00787
Debtor.
Judge Paul M. Black
OBJECTION BY WEST VIRGINIA PAVING, INC. TO WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY
TO FORECLOSE AGAINST THE DEBTOR’S REAL PROPERTY, AT 2506 FISH POND
ROAD, OLD FIELDS, HARDY COUNTY, WEST VIRGINIA
Comes now West Virginia Paving, Inc., by their counsel, Stephen L. Thompson, and by
way of its Objection to the West Virginia Economic Development Authority’s Motion for Relief
From the Automatic Stay to Foreclose Against the Debtor’s Real Property, Together with all
Fixtures, Buildings and Improvements Thereon, at 2506 Fish Point Road, Old Fields, Hardy
County, West Virginia, (the “Motion”) would say as follows:
1.
West Virginia Paving, Inc. (“WV Paving”) a secured creditor in this proceeding,
is the holder of a lien that is subordinate to West Virginia Economic Development Authority’s
(“WVEDA”) duly perfected first lien Deed of Trust against the 689.40 acre parcel, as well as an
additional judgment lien.
2.
The Chapter 7 Trustee has filed a 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 (hereinafter referred to
as “the Sale Motion”).
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3.
It is in the best interest of all parties for the Trustee’s Sale Motion to proceed and
the WVEDA’s Motion for stay relief be denied.
4.
WVEDA argues that the Debtor’s real property is not necessary to an effective
reorganization and therefore relief may be granted pursuant to 11 U.S.C. § 365(d)(2).
5.
WV Paving would disagree and say that the Trustee’s proposed sale is essentially
a reorganization and will infuse economic vitality into Hardy County. The Debtor’s real
property is necessary for such economic rejuvenation.
6.
The WVEDA’s Motion for stay relief should be denied.
WHEREFORE, West Virginia Paving, Inc. requests that, upon a full hearing of
WVEDA’s Motion and the Trustee’s proposed Section 363 Sale, the Motion for stay relief be
denied and that it do have such other relief as may be proper in the premises.
Dated: April 20, 2021
WEST VIRGINIA PAVING, INC.
By Counsel
/s/ Stephen L. Thompson
Stephen L. Thompson (WVSB # 3571)
Barth & Thompson
P. O. Box 129
Charleston, WV 25321
Telephone: (304) 342-7111
Facsimile: (304) 342-6215
E-mail: sthompson@barth-thompson.com
Counsel for West Virginia Paving, Inc.
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing OBJECTION BY WEST
VIRGINIA PAVING, INC. TO WEST VIRGINIA ECONOMIC DEVELOPMENT
AUTHORITY’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY TO FORECLOSE
AGAINST THE DEBTOR’S REAL PROPERTY, AT 2506 FISH POND ROAD, OLD FIELDS,
HARDY COUNTY, WEST VIRGINIA has been served electronically via the Court’s CM/ECF
system upon all parties designated to receive electronic service on April 20, 2021
/s/ Stephen L. Thompson
Stephen L. Thompson
.
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