________________________________________ 

Lynn L. Tavenner, Esquire (VSB No. 30083) 

Paula S. Beran, Esquire (VSB No. 34679) 

David N. Tabakin, Esquire (VSB No. 82709) 

Tavenner & Beran 

20 North 8th Street 

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Telecopier: (804) 783-1078 

Counsel for Lynn Lewis Tavenner, Chapter 7 Trustee 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: THE LAW OFFICES OF WHITE & 

ASSOCIATES, PLLC, Case No. 

 Debtor 15-36223-KRH 

 LYNN L. TAVENNER, TRUSTEE, Chapter 

 Plaintiff 7 

 Adv. Proc No. 

 MARK F. WHITE, 

NNIKA E. WHITE, 

 15-03472-KRH 

 Defendants 

EX PARTE TEMPORARY RESTRAINING ORDER1

 This matter came before the Court on the Motion of the Trustee of the Corporate Debtor, 

pursuant to sections 105 and 542 of the Bankruptcy Code and Bankruptcy Rule 7065 for entry of 

an order (A) granting relief from the automatic stay, if necessary; (B) compelling the Individual 

Debtors to turn over to the Trustee any and all of the Corporate Property; (C) enjoining the 

Individual Debtors from taking any action that would adversely impact the clients of the 

Corporate Debtor; and, (d) compelling the otherwise protection and preservation of said assets, 

and this Court having considered and reviewed the Motion, and for good cause shown, this Court 

finds and concludes as follows: 

A. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. 

 

1

 Terms not otherwise defined herein shall have the meanings ascribed in the Motion. 

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B. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). 

C. The Motion is in full compliance with all applicable provisions of the Bankruptcy Code, 

the Bankruptcy Rules, and the Local Rules of this Court. 

D. Relief from the automatic stay is warranted; 

E. There is a substantial likelihood that the Trustee will be able to make a clear showing 

that: (1) she is likely to succeed on the merits of her Motion and in the Complaint; (2) she 

is likely to suffer irreparable harm in the absence of immediate and preliminary relief; (3) 

the balance of equities tips in her favor; and, (4) an injunction is in the public interest; 

F. That the Individual Debtors are in possession, dominion, and/or control of Corporate 

Property; 

G. Given the (i) easily disposable nature of the Corporate Property; (ii) the prior conduct of 

the Individual Debtors; and, (iii) White’s conduct post-petition, the bankruptcy estate will 

suffer immediate and irreparable injury, loss, and/or damage if the Motion is not granted. 

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. The Motion is hereby GRANTED on an emergency basis for a period of five days. 

2. The parties are to attend a hearing on the Motion on Wednesday. December 9, 2015 at 

2:00 PM at the United States Bankruptcy Court, 701 East Broad Street, Courtroom 5000, 

Richmond, VA 23219. 

3. The United States Marshals Service is hereby directed to assist the Trustee effect the 

execution of this Order. 

4. To the extent necessary, relief from the automatic stay in the Individual Case is hereby 

granted retroactively to December 4, 2015. 

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5. For a period of five days, unless otherwise terminated and/or extended by order of this 

Court the Individual Debtors are hereby: (i) compelled to turn over any and all Corporate 

Property to the Trustee; (ii) immediately return said Corporate Property to the Trustee so 

that she may protect and preserve said Corporate Property for the benefit of the Corporate 

Estate; (c) enjoined from exercising any possession, dominion, and/or control in any 

fashion over any Corporate Property; and, (d) enjoined from taking any action that would 

adversely impact the clients of the Corporate Debtor. 

6. Upon entry of this order, the Clerk is directed to forward copies to all parties listed on the 

Service List attached hereto. 

Entered: /s/ Kevin R. Huennekens 

UNITED STATES BANKRUPTCY JUDGE 

I ask for this: 

By: /s/Paula S. Beran 

Lynn L. Tavenner, Esquire (VSB No. 30083) 

Paula S. Beran, Esquire (VSB No. 34679) 

David N. Tabakin, Esquire (VSB No. 82709) 

Tavenner & Beran 

20 North 8th Street 

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Telecopier: (804) 783-0178 

Counsel for Lynn L. Tavenner, Trustee 

 Dec 7 2015

ENTERED ON DOCKET: Dec 7 2015

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CERTIFICATION

I hereby certify that pursuant to Rule 7065 of the Federal Rules of Bankruptcy Procedure 

the foregoing Temporary Restraining Order has been endorsed by all necessary parties. 

 /s/Paula S. Beran 

Paula S. Beran 

SERVICE LIST 

United States Marshals Service 

701 East Broad Street 

Richmond, VA 23219 

Lynn L. Tavenner, Esquire 

Tavenner & Beran 

20 North 8th Street 

Richmond, Virginia 23219 

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