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Order Continuing to Final Hearing — In re Panthera Enterprises, LLC

What This Document Is

This is docket entry 335, a 2-page Proposed Order Continuing to Final Hearing, filed April 22, 2021 by Debra Lee Allen of Spilman Thomas & Battle, PLLC on behalf of movant West Virginia Economic Development Authority (WVEDA), for its 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 (docket entry 310).

Factual Summary

The proposed order recites that WVEDA's stay-relief motion and the objections filed in response came before the court on April 22, 2021, and that the court determined the April 22 hearing to be preliminary, with a final hearing to be conducted by Zoom for Government on June 1, 2021 at 9:30 a.m. The automatic stay under 11 U.S.C. § 362 remains in effect through completion of the final hearing. The proposed order directs the Clerk to send copies to counsel for WVEDA, counsel for objector West Virginia Paving, Inc., and other parties (the page-2 service-recipient list is cut off in the extracted text). It is signed by Debra Lee Allen as drafter, not by the presiding judge — this is the party-submitted proposed form, distinct from the court's signed order at docket entry 336 continuing the same motion on the same terms.

Key Facts

  • Docket entry: 335, filed April 22, 2021, 2 pages
  • Filed by: Debra Lee Allen (WVSB #9838), Spilman Thomas & Battle, PLLC, for WVEDA
  • Underlying motion: docket entry 310 (WVEDA's stay-relief motion)
  • Terms: April 22 hearing determined preliminary; final hearing continued to June 1, 2021, 9:30 a.m., Zoom for Government; automatic stay remains in effect through the final hearing
  • Status: proposed/drafted order, not judicially signed (the signed counterpart is docket entry 336)

Source Caveats

The extracted text of page 2 cuts off mid-service-list; the full recipient list is not reproduced here. This is the party-drafted proposed order; docket entry 336 is the court's separately entered signed order.

Date
2021-04-22

Full text

- 1 -

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

In re:

PANTHERA ENTERPRISES, LLC,

Debtor

Aaron C. Amore, Chapter 7 Trustee

      BK No. 2:19-bk-00787

      Chapter 7

WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY,

Movant

v.

PANTHERA ENTERPRISES, LLC,

Respondent

ORDER CONTINUING TO FINAL HEARING
MOTION OF WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY
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 POND ROAD,
OLD FIELDS, HARDY COUNTY, WEST VIRGINIA

On April 22, 2021, the 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 Pond Road, Old Fields, Hardy County, West Virginia filed by the West Virginia Economic
No. 2:19-bk-00787    Doc 335    Filed 04/22/21    Entered 04/22/21 15:33:27    Page 1 of 2

- 2 -

Development Authority, and the objections filed in response thereto, came before the Court for
consideration.
The Court has determined the April 22 hearing to be a preliminary hearing, with final
hearing on the Motion and objections to be conducted by Zoom for Government on June 1,
2021, at 9:30 AM.   The automatic stay imposed by 11 U.S.C. § 362 remains in effect through and
including completion of the final hearing on June 1, 2021.

The Clerk is directed to send copies of this Order to Counsel for the West Virginia
Economic Development Authority, Counsel for objector West Virginia Paving, Inc., Counsel for
objector TR&L, LLC and SMI, LLC, the Chapter 7 Trustee, Counsel for the Debtor, and any
other party who has requested to receive notice in this case.

THE LINK TO JOIN THE VIDEO HEARING IS URL:
https://vawb-uscourts-gov.zoomgov.com/j/16106051116.

The Meeting ID is:  161 0605 1116.  The password is:  0922.
.

Drafted and Submitted by:
/s/ Debra Lee Allen

Debra Lee Allen, WVSB # 9838
Spilman Thomas & Battle, PLLC
48 Donley Street, Suite 800
Morgantown, West Virginia
(T) 304.216.5835
dallen@spilmanlaw.com
Attorney for West Virginia Economic Development Authority

No. 2:19-bk-00787    Doc 335    Filed 04/22/21    Entered 04/22/21 15:33:27    Page 2 of 2

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