Trustee’s Status Report — In re Panthera Enterprises, LLC

Full text

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

IN RE: PANTHERA ENTERPRISES, LLC

Case No.: 19-00787

Debtor.

Chapter 7

TRUSTEE’S STATUS REPORT

Now comes the Trustee, Aaron C. Amore, with a status report on this case.

The Trustee has continued to work cooperatively with Panthera Training LLC in the
bidding and fulfillment of work related to its primary government contract with the Drug
Enforcement Administration (DEA).
Novation of DEA Contract

The Trustee has worked to assure all necessary documents, tasks and requirements were
met by the Estate to conform with the requirements established for the novation of its contracts.
After initial delays and the need to obtain additional reports of the accounts and balance sheet
both before and after the sale of the training center, all documents were delivered to the
appropriate government agencies

The request for novation was delivered to the appropriate governmental agencies on
March 11, 2022. Repeated requests were made by both the Trustee and counsel for Panthera
Training. Responses were received that said agencies are down staff and are behind on such
applications but that it had received the request. Subsequently, it was learned, after repeated
requests by the Trustee and Panthera Training,  that the documents delivered via Federal Express
could not be used and that the documents must be received electronically. No mechanism exists
to receive them in any other fashion other than emailing them. Counsel for Panthera Training
initiated multiple emails on July 8, 2022 which were received by the DEA.

The Trustee and Panthera Training obtained confirmation that the novation documents
had been received vie email and were being reviewed and that it would take up to two weeks to
process. On October 4, 2022, the Trustee received an email from Naomi Collier, Contract
Support Specialist, DEA, advising that “the novation is in policy/legal review” and that she
hopes to hear something this week. See Exhibit A.
Status of compliance with Order granting motion to sell
No. 2:19-bk-00787    Doc 416    Filed 10/06/22    Entered 10/06/22 10:11:27    Page 1 of 4

The Trustee has made payments to West Virginia Paving, LLC and Howard Shockey &
Sons, Inc. consistent with the Court’s order approving the motion to sell and the order approving
the Trustee’s Motion for First Interim Distribution. The Trustee has also paid Kelly Smith, CPA
for his work on the audit as well as John P. “Jack” Lantzy for the preparation of tax returns.
Smith also has a supplemental fee pending with the Court for his work done related to the
accounts and balance sheet as of the day of the sale as required by the DEA for its novation
documentation.

The Trustee has received $152,500.00 of the allowed commission of $205,291.82.
Status of case

The Trustee is required to cooperate in the novation process and cannot take further steps
to conclude the case by way of liquidation of the note, which is the sole remaining asset in this
case. The Trustee continues to work with Panthera Training which is actively conducting training
exercises pursuant to the DEA contract. The Trustee continues to receive a four percent
commission on all work performed with that figure rising to eight percent once the novation is
complete. To date the Trustee has received $45,092.00 from Panthera Training. The original note
of $275,000.00 has been paid down to $229.908.00.
Future expenses/costs

The Trustee does not expect significant expenses or costs by way of keeping the estate
open. The estate will have additional tax return(s) but these returns will not be complicated and
will simply reflect funds in and out with no additional tax liability incurred. The Trustee
anticipates he will have nominal administrative expenses moving forward.

Respectfully submitted,

/s/ Aaron C. Amore

Aaron C. Amore WVSB #6455

Chapter 7 Trustee

206 West Liberty Street

P.O. Box 386

Charles Town, WV 25414

304-885-4111

aaron@amorelaw.com

No. 2:19-bk-00787    Doc 416    Filed 10/06/22    Entered 10/06/22 10:11:27    Page 2 of 4

CERTIFICATE OF SERVICE
I, Aaron C. Amore hereby certify that on this 6th day of October, 2022, the foregoing
TRUSTEE’S REPORT was served through the Court’s ECF system on all parties registered to
receive CM/ECF notices, by U.S. Mail and/or email, including:
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
Henry Swergold hswergold@platzerlaw.com

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.courtd
rive.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
No. 2:19-bk-00787    Doc 416    Filed 10/06/22    Entered 10/06/22 10:11:27    Page 3 of 4

• 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.

No. 2:19-bk-00787    Doc 416    Filed 10/06/22    Entered 10/06/22 10:11:27    Page 4 of 4

File and source

File

gov.uscourts.wvnb.75953.416.0.pdf

Size

208,062 bytes

SHA-256

64bd906695734082f8411a1a77ba71d0b551ef7318d2d4ab0bae254a84361925

Our copy

gov.uscourts.wvnb.75953.416.0.pdf

Original

PACER (login required)