UNITED STATES BANKRUPCTY COURT

FOR THE

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: Dynamic Sports Performance, LLC:

:

: Case No. 20-12322-KHK

Debtor : Chapter 11

____________________________________:

SUPPLEMENTAL OPPOSITION TO MOTION TO DISMISS

Debtor, through undersigned counsel, responds to the Motion to Dismiss

filed herein by the Office of the United States Trustee, as follows:

The characterization of this case as a two-party dispute is inaccurate. This 

Bankruptcy case was not filed to stay litigation in the Alexandria General District 

Court. There is already an existing default judgment in place and the litigation in

the State Court is concluded. The bankruptcy case was filed following a levy on 

the bank account of the Debtor that froze all of the operating funds and client 

deposits of the Debtor. The Debtor must unfreeze its’ operating funds so that it 

can reorganize and pay creditors. This is the very purpose of bankruptcy, 

especially Chapter 11, Subchapter V, which is designed to help the small business 

debtor.

1. Debtor filed this Chapter 11, Subchapter V case on October 21, 2020. ____________________

Nathan Fisher

Fisher-Sandler, LLC

3977 Chain Bridge Rd., #2

Fairfax, VA 22030

(703) 691-1642

VSB #37161

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2. The bankruptcy petition was filed following a bank levy issued upon

the company bank account by the Debtors’ former landlord that froze all of the 

operating funds and client deposits held by the Debtor.

3. Dynamic Sports Performance, LLC is a company that provides

personal physical training services, both in person and online.

4. The Debtor needs to be in bankruptcy so that it reorganize its

Obligations, pay any debts over time and continue operations.

5. On November 8, 2020 the Office of the United States filed a Motion to

Dismiss.

6. The Debtor will be filing prior to December 15th a Chapter 11 plan

that will propose to pay all creditors in full.

ARGUMENT

This bankruptcy case was filed to salvage a small business that has been 

operating successfully since 2012. Dynamic Sports Performance, LLC is a

single member LLC that is in the business of personal training. Until the spring

of 2020, the business had provided personal training from a physical facility as 

well as offering inline training. The social distancing requirements and 

restrictions imposed on businesses due to COVID-19, resulted in the loss of the 

Debtors’ physical training facility in Alexandria, Virginia, which the Debtor 

vacated in April 2020. Clients could no longer train together, in close quarters, 

in a physical training facility. 

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The Debtor had adapted and has currently expanded its’ personal 

training online and has attempted to change its’ operating model by providing 

special outdoor training events that can be held at various outdoor locations 

selected by the Debtor. The most recent special event was held outdoors in 

November in Puerto Rico.

The Debtors’ former landlord, Old Town #1, LLC, after the Debtor left 

its’ physical training location, obtained a judgment against the Debtor in the 

approximate amount of $20,139.00. In mid-October the judgment creditor 

levied upon the bank account of the Debtor freezing all operating funds and 

client deposits. 

The purpose of this bankruptcy filing is straightforward. The operating 

funds and client deposits needed to be freed up so that the business can continue 

to operate. The statutory objective of rescuscitating a financially troubled 

Debtor is exactly what is happening in this instance.

The “good faith” standard is fact-specific. In this case, without the 

protections provided by bankruptcy, this Debtor would be forced to cease 

operations. The idea that the Debtor was engaged in litigation in the state court 

at the time of filing is simply inaccurate. The idea that this is a two-party state 

court dispute that was brought to the United States Bankruptcy Court for 

resolution is also inaccurate.

This case involves a successful business that has operated for 8 years in 

the field of personal training. Like thousands of small businesses, Dynamic

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Sports Performance, LLC has been hit tremendously hard by the restrictions 

imposed upon society due to the COVID-19 pandemic. When all of the 

operating funds and client deposits of the Debtor are levied upon, the Debtor 

must act to preserve the business and reorganize. This is the very purpose of 

bankruptcy. 

WHEREFORE, the Debtor respectfully requests that the Court Deny the 

Motion to Dismiss filed by the Office of the United States Trustee.

Respectfully Submitted

Dynamic Sports Performance, LLC

By Counsel:

/s/ Nathan Fisher

Nathan Fisher

Fisher-Sandler, LLC

3977 Chain Bridge Rd., #2

Fairfax, VA 22030

(703) 691-1642

VSB #37161

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 12th day of December 2020, I served 

the foregoing, via first-class mail, on the following, who are all necessary parties 

under Local Rule 4001(a)-1(E)(1):

Jack Frankel, Esq.

Office of the US Trustee – Region 4

1725 Duke Street

Suite 650

Alexandria, VA 22314

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Jolene Wee

JW Infinity Consulting, LLC

447 Broadway Street

2nd Floor, #502

New York, NY 10013

Leon Koutsouftikis, Esq.

Magruder Cook Koutsouftikis & Palanzi

1889 Preston White Drive, Ste. 200

Reston, VA 20191

Darius Gilbert, Debtor Designee

6038 Richmond Highway, Apt. 612

Alexandria, VA 22303

s/s Nathan Fisher

Nathan Fisher

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