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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
In re:
PANTHERA ENTERPRISES, LLC,
Debtor
BK No. 2:19-bk-00787
Chapter 7
REPLY OF TRUSTEE TO OBJECTION TO MOTION TO
COMPROMISE/SETTLE ADVERSARY PROCEEDING AND RESOLVE
PENDING OBJECTIONS TO TRUSTEE’S MOTION TO SELL REAL
PROPERTY BY SMI, LLC, TR&L, LLC AND AZADIAN GROUP, LLC FILED
BY WILLIAMS
Comes now Aaron A. Amore, Chapter 7 Trustee ("Trustee") and with his reply
to the objection of Betty P. Williams, Renick C. Williams, Robert R. Williams
(collectively “Williams”) to his motion for approval of 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 Williams objection does not appear to be based upon any substantive
legal claim or position related to the Trustee’s motion to compromise and settle
claims. No ground or basis for the objection is lodged other than a complaint that
the Williams were not treated fairly during the mediation process. The objection
really goes more to a reiteration of their original objection to the motion to sell more
than the motion to compromise and settle.
The Trustee believes that it is improper to discuss the substance of specific
settlement offers. Prior to the mediation, the Trustee made multiple calls to counsel
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for the Williams as well as email communications requesting a specific position on
resolving the objection of the Williams. Specifically, he requested a demand from
the Williams to resolve their objection. Despite several conversations with counsel
no demand was ever conveyed. Even at the end of the mediation process when
Judge Phillips asked for a specific counter-offer or response to the settlement made
to the Williams, counsel advised he did not know and would have to confer with his
clients. The Trustee suggested counsel call him the next day to discuss further and
did in fact speak with counsel related to the offer which remained on the table after
the mediation.
Wherefore, the Trustee asks this Court to overrule the baseless objection of
the Williams to the Trustee’s motion for approval of a compromise and settlement of
certain claims and grant any and all further relief it deems just and necessary.
Respectfully Submitted
Aaron C. Amore, Trustee
By Counsel:
/s/ Aaron C. Amore
Aaron C. Amore, WVSB No. 6455
AMORE LAW, PLLC
206 West Liberty Street
Charles Town, WV 25414
Phone: 304-885-4111
Facsimile: 866-417-8796
E-mail: aaron@amorelaw.com
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CERTIFICATE OF SERVICE
I hereby certify that the foregoing REPLY OF TRUSTEE TO OBJECTION TO
MOTION TO COMPROMISE/SETTLE ADVERSARY PROCEEDING AND RESOLVE
PENDING OBJECTIONS TO TRUSTEE’S MOTION TO SELL REAL PROPERTY BY
SMI, LLC, TR&L, LLC AND AZADIAN GROUP, LLC FILED BY WILLIAMS was
served upon the following individuals at the addresses listed below, via CM/ECF and/or
email on this 8th day of June 2021 to the following:
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
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.co
m
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
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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
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, Esq.
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