Trustee’s Status Report of January 5, 2024 — In re Panthera Enterprises, LLC (2024-01-05)
Summary
Aaron C. Amore, the Chapter 7 Trustee, files a status report dated January 5, 2024 in the Panthera Enterprises, LLC bankruptcy in the Northern District of West Virginia. Gust v. Panthera has recently resolved, with dismissal orders circulated that are now final, and counsel for the Trustee will file a fee application. In the Sheriff of Hardy County complaint over back taxes on personal property, the Trustee filed amended property returns, and final resolution is expected in the next 30 to 60 days. Panthera Training, LLC has not made the payments on the note. The Trustee does not expect significant expenses or costs to keep the estate open, and reports funds on hand of $13,634.67.
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- Date
- 2024-01-05
Cite this document
“Trustee’s Status Report of January 5, 2024 — In re Panthera Enterprises, LLC (2024-01-05).”
Original at ecf.wvnb.uscourts.gov, dated 2024-01-05. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-05-gust-v-panthera-et-al/
, SHA-256 95a764925ed145afc14a603512adba4dfb41d90ce771781b7c99ca8dea2aee63.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 JANUARY 5, 2024 Now comes the Trustee, Aaron C. Amore, with a status report on this case as of January 5, 2024. 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. This matter has recently resolved, with dismissal orders circulated which are now final. Counsel for the Trustee will be filing a fee application for his time expended in this matter. Counsel for the Trustee litigated this matter until such time as insurance defense counsel appeared and took on the litigation role for the Panthera entities. Sheriff of Hardy County v. Panthera Training Center, LLC and Panthera Training, LLC The Sheriff of Hardy County filed a civil complaint against Panthera Training Center, LLC and Panthera Training, LLC seeking to collect fort back taxes owned on personal property. The personal property at issue was the same property that was the subject of a sale to SMI, LLC and also the same property that was leased to Pantherea Training, LLC. At issue was the back taxes owed which prevented Panthera Training from paying on the tax years due when it was in possession of the property. No. 2:19-bk-00787 Doc 428 Filed 01/05/24 Entered 01/05/24 15:18:31 Page 1 of 4 The Trustee prepared and filed amended property returns for the years in which the returns were due during the pendency of the bankruptcy case which adjusted the amounts owed accordingly and permitted the Sheriff to receive payment from Panthera Training, LLC. The issues revolving around this litigation are nearly resolved with an expected final resolution in the next 30 to 60 days. Status of case Panthera Training, LLC has not made its payments on the note due to other financial constraints arising from its agreement with WVEDA involving payments on the secured debt that was the subject of the motion to sell. The Trustee is aware that Panthera Training, LLC is exploring options to resolve the note along with other related business activities and is directly pursuing these options. The value of the unsecured note is nominal outside of a sale of the facility and payment of the obligation. The Trustee is informed that negotiations are on-going with several interested parties. Jack Lantzy is owed $1,364.84 for the 2022 tax returns and estimates for the 2023 returns should be the same or a bit less due to the lack of income during this last tax year. The Trustee has funds on hand of $13,634.67. 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 428 Filed 01/05/24 Entered 01/05/24 15:18:31 Page 2 of 4 CERTIFICATE OF SERVICE I, Aaron C. Amore hereby certify that on this 5th day of January 2024, the foregoing TRUSTEE’S REPORT OF January 5, 2024 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 428 Filed 01/05/24 Entered 01/05/24 15:18:31 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 428 Filed 01/05/24 Entered 01/05/24 15:18:31 Page 4 of 4
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