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IN THE UNITED STATE BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA

)

)

CHAMPAGNE SERVICES LLC ) CHAPTER 11

) Bankruptcy

) Case No. 16-11683-RGM

) 

DEBTOR. )

RESPONSE TO SUPPLEMENTAL OBJECTION TO APPLICATION TO 

EMPLOY COUNSEL TO THE DEBTOR

COMES NOW the Debtor, Champagne Services, LLC, and responds to Trustee’s

Supplemental Objection to Application to Employ Counsel to the Debtor. In support 

thereof, Debtors state as follows:

1. This Court has jurisdiction in this matter. 

2. Debtor filed an Application to Employ Counsel June 2, 2016.

3. A hearing was held September 6, 2016, at which time the Court noted that it 

would approve the application upon the US Trustee reviewing the applicable 

representation agreement between Debtor and proposed counsel. 

4. Counsel submitted the representation agreement to the US Trustee the 

following day. 

5. The US Trustee is now challenging the propriety of Westlake Legal Group 

representing Debtor because the managing member of the Debtor is the 

guarantor for the representation agreement. 

6. The mere fact that the managing member of the Debtor is a guarantor does not 

create any conflict or appearance of conflict. Neither case law, nor statute, nor 

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any rule of ethics support the existence of an ethical obligation between an 

attorney and a contractual guarantor. 

7. Moreover, there is no confusion that Westlake Legal Group represents

Champagne Services and not Mr. Crawley as the only client identified is

Champagne Services in the representation agreement. 

8. Finally, there is no actual conflict of interest. Westlake Legal Group owes 

professional duties, duties of confidentiality, and duties of loyalty to 

Champagne Services, which in turn, owes a fiduciary duty to the estate. The 

existence of a personal guarantor for payment of Westlake Legal Group’s fees 

does not negate any of those duties. 

WHEREFORE, the Debtor prays this Court grant its Application to Employ 

Counsel and award it any such other and further relief as this Honorable Court may deem 

just and proper. 

Respectfully submitted,

CHAMPAGNE SERVICES, LLC

By Counsel

WESTLAKE LEGAL GROUP

_/s/ Thomas K. Plofchan, Jr. 

Thomas K. Plofchan, Jr., VSB # 34536

Whitney Lawrimore Hughes, VSB # 82331 

46175 Westlake Drive, Suite 320

Potomac Falls, VA 20165

Telephone: (703) 406-7616

Facsimile: (703) 444-9498

tplofchan@westlakelegal.com

wlawrimore@westlakelegal.com

Proposed Counsel for Debtor

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CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Response was submitted on the 

19th day of September, 2016, by first-class mail, postage paid upon:

Office of the United States Trustee

Region 4

115 S. Union Street, Suite 210

Alexandria, Virginia 20314

Can Capital Asset Servicing

155 North 400 West

Suite 315

Salt Lake City, UT 84103-1111

Accord Business Funding 

3730 Kirby Drive

Suite 720

Houston, TX 77098-3933

County of Loudoun Virginia

1 Harrison Street SE

1st Floor

Leesburg, Virginia 20175-3102

Internal Revenue Service

Centralized Insolvency Operations 

PO Box 7346

Philadelphia, PA 19101-7346

Loan Me

1900 S. State College Blvd

Suite 300

Anaheim, CA 92806-6152

Pearl Capital

9th Floor, 100 William Street

New York, NY 10038-0000

Pleasant Properties

905 Monroe Street

Herndon, VA 20170-3209

Web Bank

Can Capital Asset Servicing

155 North 400 West

Suite 315

Salt Lake City, UT 84103-1111

WEX BANK

PO BOX 6293

CAROL STREAM IL 60197-6293

Fundbox

300 Montgomery Street 

San Francisco, CA 94104

Geoffrey Crawley

16869 Ivandale Road

Hamilton, Virginia 20158

/s/ Whitney Lawrimore Hughes

Whitney Lawrimore Hughes

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