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 OF JULY 25, 2023
Now comes the Trustee, Aaron C. Amore, with a status report on this case as of April 6,
2023.
Gust v. Panthera et al.
The Court previously permitted the modification of the automatic stay to permit Derrick
J. Gust and Emily Gust to pursue legal claims against the Debtor and its related entities for the
purpose of seeking any insurance that may cover the claimed losses of the Gusts. The Trustee
moved to employ himself to represent the Debtor in several litigation matters that arose during
the course of the bankruptcy, including several adversary proceedings and state related cases
filed against the Debtor. Counsel filed his appearance, filing of pleadings and answering of
discovery responses before insurance defense counsel appeared and has performed the majority
of the litigation practice necessary in the case. The pending case is Gust v. Panthera Enterprises,
LLC, f/k/a TenX Group, LLC, Panthera Worldwide, LLC Panthera Training Center, LLC,
Historic Arms Corporation and Wilmer C. Bahr civil action no 20-C-35 pending in the Circuit
Court of Hardy County, West Virginia.
Counsel for the Trustee filed responsive pleadings, including motions to dismiss and
responses to discovery as well as participating in several hearings before insurance defense
counsel appeared to defend the entities. The civil action sought damages for injuries suffered by
Derrick Gust while working for Panthera Training, LLC. Worker’s Compensation paid Gust
pursuant to the claims made against Panthera Training, LLC but Gust sought to establish liability
against other entities, including the Panthera entities. The lease agreement between Panthera
Training, LLC and the Debtor provided Panthera Training maintain insurance to protect the
Debtor. Gust sought to establish claims against the Debtor and its related entities.
The litigation has a complicated history with appeals of several rulings from the Circuit
Court Judge by Historic Arms Corp. At present it appears that an omnibus settlement has been
reached although the specific terms are still being negotiated. This may require the execution of
several mutual releases that may require a motion to compromise as it relates to the Debtor
No. 2:19-bk-00787 Doc 422 Filed 07/25/23 Entered 07/25/23 16:12:13 Page 1 of 4
entity. Counsel for the Trustee will file a fee application with the Court based upon the
conclusion of the legal work. No funds are to be paid by the Debtor or its related entities as part
of the settlement.
Status of compliance with Order granting motion to sell
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 received $152,500.00 of the
allowed commission of $205,291.82.
Status of case
John P. “Jack” Lantzy is owed $1,365.84 for preparation of the 2022 tax returns. A fee
application will be filed in the near future. It is anticipated that one additional return for 2023
will be required but the cost will be nominal due to the lack of activity for the Debtor. for the
preparation of tax returns. The Trustee currently has funds on hand of approximately $13,364.67.
The Trustee is in negotiation with Panthera Training, LLC related to the purchase of the note.
The balance of the note owed to the Estate is $220,980.00. The Trustee believes the highest and
best return is a sale to Panthera Training or packaging of the note with a prospective sale of the
on-going business. The Trustee expects the case to be closed in 2023.
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
Aaron C. Amore, Trustee
/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 422 Filed 07/25/23 Entered 07/25/23 16:12:13 Page 2 of 4
CERTIFICATE OF SERVICE
I, Aaron C. Amore hereby certify that on this 25th day of July 2023, the foregoing
TRUSTEE’S REPORT OF July 25, 20233 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
No. 2:19-bk-00787 Doc 422 Filed 07/25/23 Entered 07/25/23 16:12:13 Page 3 of 4
• John J. Richardson jrichardson@bernsteinlaw.com
• Zachary James Rosencrance zrosencrance@bowlesrice.com,
ajones@bowlesrice.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.
No. 2:19-bk-00787 Doc 422 Filed 07/25/23 Entered 07/25/23 16:12:13 Page 4 of 4