4839-1788-0904.3

KUTAK ROCK LLP

Peter J. Barrett (VSB No. 46179)

Jeremy S. Williams (VSB No. 77469)

Riverfront Plaza

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

(804) 644-1700

 Counsel for Peter J. Barrett, Trustee

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: ) Chapter 7

)

CHAMBERLAYNE AUTO SALES ) Case No. 17-30335 (KLP)

& REPAIR, INC., )

Debtor. )

)

MOTION OF PETER J. BARRETT, CHAPTER 7 TRUSTEE, TO EXAMINE AND/OR 

COMPEL THE PRODUCTION OF DOCUMENTARY EVIDENCE FROM (I) OLIVER 

LAWRENCE, (II) KIM B. LAWRENCE, (III) OLIVER LAWRENCE, JR., (IV) JIMMY 

D. LAWRENCE, (V) DONALD LAWRENCE, (VI) LBKBL PROPERTIES, LLC, (VII) 

CHAMBERLAYNE AUTOS, TRUCKS, SUV SALES, INC. (VIII) RVA AUTO SALES, 

INC., (IX) NANCY ANN ROGERS, P.C., (X) LES WINGFIELD, (XI) TOWNE BANK, 

(XII) WELLS FARGO, NA, (XIII) SUNTRUST BANK, (XIV) AMERICAN EXPRESS 

CORPORATION, (XIV) SYNCHRONY FINANCIAL D/B/A/ SAMS CLUB 

MASTERCARD, AND (XV) BARCLAYCARD US

AND NOTICE OF MOTION

Peter J. Barrett (the “Trustee”), Chapter 7 Trustee for the Bankruptcy Estate of 

Chamberlayne Auto Sales & Repair, Inc. (the “Debtor”), by counsel, moves for authority to 

examine Oliver Lawrence (“O. Lawrence”), Kim B. Lawrence (“Mrs. Lawrence”), Oliver 

Lawrence, Jr. (“O. Lawrence Jr.”), Jimmy D. Lawrence (“J. Lawrence”), Donald Lawrence (“D. 

Lawrence”), LBKBL Properties, LLC (“LBKBL”), Chamberlayne Autos, Trucks, SUV Sales, 

Inc. (“CATSS”), RVA Auto Sales, Inc. (“RVAAS”), Nancy Ann Rogers, P.C. (“Attorney 

Rogers”), Les Wingfield (“Wingfield”), Towne Bank (“Towne”), Wells Fargo Bank, NA 

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 1 of 13
2

4839-1788-0904.3

(“Wells Fargo”), SunTrust Bank (“SunTrust”), American Express Corporation (“AMEX”), 

Synchrony Financial d/b/a Sams Club Mastercard (“Sams”) Barclaycard US (“Barclays” and 

collectively with the Debtor, O. Lawrence, Mrs. Lawrence, O. Lawrence, Jr., J. Lawrence, D. 

Lawrence, LBKBL, CATSS, RVAAS, Attorney Rogers, Wingfield, Towne, Wells Fargo, 

SunTrust, AMEX and Sams, the “Examinees”), and/or to compel the Examinees to produce 

documentary evidence and other information pursuant to Rule 2004 of the Federal Rules of 

Bankruptcy Procedure. The Trustee states the following in support thereof:

Background

1. The Debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code in 

this Court on January 24, 2017.

2. The Trustee was appointed interim Chapter 7 trustee and continues to serve in that 

capacity.

3. O. Lawrence is the sole owner and officer of the Debtor.

4. Mrs. Lawrence is the wife of O. Lawrence, the former owner of the Debtor and 

has been involved in numerous financial transactions with the Debtor, both individually and 

through entities which she and/or O. Lawrence control.

5. O. Lawrence, Jr. is the son of O. Lawrence and Mrs. Lawrence and, upon 

information and belief, is operating one or more businesses with O. Lawrence.

6. Upon information and belief, J. Lawrence and D. Lawrence are brothers of O. 

Lawrence and have been involved in business with O. Lawrence and/or the Debtor.

7. Upon information and belief, LBKBL is an entity owned by Mrs. Lawrence and 

has been involved in numerous financial transactions with the Debtor.

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 2 of 13
3

4839-1788-0904.3

8. Upon information and belief, CATSS and RVAAS are entities and/or business 

names used by O. Lawrence and O. Lawrence, Jr. to conduct business at the Debtor’s location.

9. Attorney Rogers is an attorney for Mrs. Lawrence and, upon information and 

belief, other members of the Lawrence family.

10. Les Wingfield is the Debtor’s tax preparer and, upon information and belief, 

serves a similar role for members of the Lawrence family.

11. Towne, Wells Fargo and SunTrust are banks which hold, or previously held, 

accounts belonging to the Debtor, Mrs. Lawrence, LBKBL, O. Lawrence, O. Lawrence, Jr. 

and/or CATSS.

12. AMEX, Sams and Barclays are credit card companies, each of which received 

multiple payments from bank accounts owned by the Debtor.

13. Each of the Examinees likely has information regarding the assets, liabilities, 

financial condition and financial transactions of the Debtor.

Requested Relief

14. The Trustee seeks to examine the Examinees about the acts, conduct, or property 

of the Debtor, the liabilities and financial conditions of the Debtor, and any matters that may 

affect the administration of the Debtor’s bankruptcy estate pursuant to Rule 2004.

15. The Trustee requests the Court to order the Examinees (other than Towne, Wells 

Fargo, SunTrust, AMEX, Sams and Barclays) to appear at the law offices of Kutak Rock LLP, 

901 East Byrd Street, Suite 1000, Richmond, Virginia 23219 to be examined under oath at a date 

and time to be determined by counsel for Trustee or as otherwise agreed by counsel.

16. The Trustee also requests the Court to compel the Examinees to produce any 

documentary evidence in their actual or constructive possession relating to the acts, conduct,

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 3 of 13
4

4839-1788-0904.3

property, liabilities or financial condition of the Debtor or relating to any matter which may 

affect the administration of the Debtor’s estate, including, with limitation, the following:

For O. Lawrence:

a. All documents that discuss, relate or refer to any transaction or 

communication regarding any transfer, loan, sale, gift or assignment of any assets of the Debtor 

to O. Lawrence, or vice versa, including, but not limited to, agreements, sales contracts, letter of 

intent, closing binders, balance sheets, schedules, bank account records, promissory notes, loan 

agreements, mortgages, security agreements, wire records, notes, check stubs, cancelled checks, 

computer records, corporate minutes and financial documents.

b. All documents comprising any portion of each of the O. Lawrence’s

business and financial records including, but not limited to, documents, invoices, agreements, 

balance sheets, income schedules, bank account records, promissory notes, loan agreements, wire 

records, notes, check stubs, cancelled checks, computer records, company minutes, resolutions 

and financial documents for the years 2013 through 2017.

For Mrs. Lawrence:

a. All documents comprising any portion of each of the Mrs. Lawrence’s 

business and financial records including, but not limited to, documents, invoices, agreements, 

balance sheets, income schedules, bank account records, promissory notes, loan agreements, wire 

records, notes, check stubs, cancelled checks, computer records, company minutes, resolutions 

and financial documents for the years 2013 through 2017. 

b. All documents that discuss, relate or refer to any transaction or 

communication regarding any transfer, loan, sale, gift or assignment of any assets of the Debtor 

to Mrs. Lawrence, or vice versa, including, but not limited to, agreements, sales contracts, letter 

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 4 of 13
5

4839-1788-0904.3

of intent, closing binders, balance sheets, schedules, bank account records, promissory notes, 

loan agreements, mortgages, security agreements, wire records, notes, check stubs, cancelled 

checks, computer records, corporate minutes and financial documents.

c. Federal income tax returns of Mrs. Lawrence, including all attachments, 

exhibits and supporting documentation, for the years 2013 through 2016.

For O. Lawrence, Jr.:

a. All documents comprising any portion of each of the O. Lawrence Jr.’s

business and financial records including, but not limited to, documents, invoices, agreements, 

balance sheets, income schedules, bank account records, promissory notes, loan agreements, wire 

records, notes, check stubs, cancelled checks, computer records, company minutes, resolutions 

and financial documents for the years 2016 through 2017.

For J. Lawrence and D. Lawrence:

a. All documents that discuss, relate or refer to any transaction or 

communication regarding any transfer, loan, sale, gift or assignment of any assets of the Debtor 

to J. Lawrence, or vice versa, including, but not limited to, agreements, sales contracts, letter of 

intent, closing binders, balance sheets, schedules, bank account records, promissory notes, loan 

agreements, mortgages, security agreements, wire records, notes, check stubs, cancelled checks, 

computer records, corporate minutes and financial documents.

b. All documents that discuss, relate or refer to any transaction or 

communication regarding any transfer, loan, sale, gift or assignment of any assets of the Debtor 

to D. Lawrence, or vice versa, including, but not limited to, agreements, sales contracts, letter of 

intent, closing binders, balance sheets, schedules, bank account records, promissory notes, loan 

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 5 of 13
6

4839-1788-0904.3

agreements, mortgages, security agreements, wire records, notes, check stubs, cancelled checks, 

computer records, corporate minutes and financial documents.

For LBKBL:

a. All documents comprising any portion of each of the LBKBL’s business 

and financial records including, but not limited to, documents, invoices, agreements, balance 

sheets, income schedules, bank account records, promissory notes, loan agreements, wire 

records, notes, check stubs, cancelled checks, computer records, company minutes, resolutions 

and financial documents for the years 2013 through 2017.

b. All documents that discuss, refer or relate to the formation of LBKBL

including all operating agreements, minutes, resolutions, corporate communications, evidence of 

membership interests, asset purchase agreements, transfer documents or related documents.

c. All documents consisting of or that discuss refer or relate to the ownership 

structure, capitalization or equity contributions, including all documents related to initial capital 

contributions and any subsequent capital contributions or members or shareholders, of LBKBL.

d. All documents regarding any distributions to members or shareholders of 

LBKBL including invoices, balance sheets, income schedules, bank account records, check 

stubs, deposit tickets and cancelled checks during the years 2013 through 2017.

For CATSS and RVAAS:

a. All documents comprising any portion of each of the CATSS’ business 

and financial records including, but not limited to, documents, invoices, agreements, balance 

sheets, income schedules, bank account records, promissory notes, loan agreements, wire 

records, notes, check stubs, cancelled checks, computer records, company minutes, resolutions 

and financial documents for the years 2016 and 2017.

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 6 of 13
7

4839-1788-0904.3

b. All documents comprising any portion of each of the RVAAS’ business 

and financial records including, but not limited to, documents, invoices, agreements, balance 

sheets, income schedules, bank account records, promissory notes, loan agreements, wire 

records, notes, check stubs, cancelled checks, computer records, company minutes, resolutions 

and financial documents for the years 2016 and 2017.

c. All documents that discuss, refer or relate to the formation of each of 

CATSS and RVAAS including all operating agreements, minutes, resolutions, corporate 

communications, evidence of membership interests, asset purchase agreements, transfer 

documents or related documents.

d. All documents that discuss, relate or refer to relating to any transaction or 

communication regarding any transfer, loan, sale, gift or assignment of any assets of the Debtor 

to CATSS and/or RVAAS, including, but not limited to, agreements, sales contracts, letter of 

intent, closing binders, balance sheets, schedules, bank account records, promissory notes, loan 

agreements, mortgages, security agreements, wire records, notes, check stubs, cancelled checks, 

computer records, corporate minutes and financial documents.

For Attorney Rogers:

a. All documents that discuss, relate or refer to any transaction or 

communication regarding any transfer, loan, sale, gift or assignment of any assets of the Debtor 

to any insider or affiliate of the Debtor (as such terms are defined in 11 U.S.C. § 101), or vice 

versa, including, but not limited to, agreements, sales contracts, letter of intent, closing binders, 

balance sheets, schedules, bank account records, promissory notes, loan agreements, mortgages, 

security agreements, wire records, notes, check stubs, cancelled checks, computer records, 

corporate minutes and financial documents.

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 7 of 13
8

4839-1788-0904.3

b. All documents that discuss, relate or refer to transaction or communication 

regarding any transfer, loan, sale, gift or assignment of any assets of O. Lawrence to any insider 

or affiliate of O. Lawrence (as such terms are defined in 11 U.S.C. § 101), or vice versa, 

including, but not limited to, agreements, sales contracts, letter of intent, closing binders, balance 

sheets, schedules, bank account records, promissory notes, loan agreements, mortgages, security 

agreements, wire records, notes, check stubs, cancelled checks, computer records, corporate 

minutes and financial documents.

c. All documents that discuss, relate or refer to any transaction or 

communication regarding any transfer, loan, sale, gift or assignment of any assets of LBKBL to 

any insider or affiliate of LBKBL (as such terms are defined in 11 U.S.C. § 101), or vice versa, 

including, but not limited to, agreements, sales contracts, letter of intent, closing binders, balance 

sheets, schedules, bank account records, promissory notes, loan agreements, mortgages, security 

agreements, wire records, notes, check stubs, cancelled checks, computer records, corporate 

minutes and financial documents.

For Les Wingfield:

a. All documents that discuss, relate or refer to relating to any tax 

preparation, accounting or bookkeeping service provided to the Debtor, O. Lawrence, Mrs. 

Lawrence and/or LBKBL, including, but not limited to, agreements, tax returns and attachments 

and exhibits, general ledgers, balance sheets, schedules, bank account records, communications 

in any form, notes, check stubs, cancelled checks, computer records, corporate minutes and 

financial documents during the years 2013 through 2017.

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 8 of 13
9

4839-1788-0904.3

For Towne, Wells Fargo and SunTrust (Document Production Only):

a. All documents that discuss, relate or refer to any account held by the 

Debtor, O. Lawrence, Mrs. Lawrence, O. Lawrence, Jr., LBKBL, CATSS and/or RVAAS during 

the years 2013 and 2017, including bank account statements and copies of canceled checks and 

wire records for transactions over $2,000.00.

For AMEX, Sams and Barclays (Document Production Only):

a. All documents, including account statements, that discuss, relate or refer 

to any account held by the Debtor, O. Lawrence, Mrs. Lawrence, O. Lawrence, Jr., LBKBL, 

CATSS and/or RVAAS during the years 2013 and 2017.

17. The Trustee requests the Court to order the Examinees to produce the requested 

documents at the law offices of Kutak Rock noted above within twenty (20) days from the date 

of the Order granting the relief requested in this Motion or as otherwise agreed by counsel.

18. An Order granting the relief requested in this Motion will be submitted to the 

Court for entry seven days after the date of filing of this Motion as to all Examinees other than 

those Examinees who have timely filed an objection to the Motion. Upon entry of such Order or 

Orders, individual subpoenas will, in the discretion of the Trustee and his counsel, be issued to 

the Examinees pursuant to Rules 2004(c) and 9016 of the Federal Rules of Bankruptcy 

Procedure.

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 9 of 13
10

4839-1788-0904.3

WHEREFORE, the Trustee requests the Court to authorize the examinations as set forth 

herein, to compel the production of documentary evidence, to authorize the issuance of 

subpoenas and compel compliance therewith and to award any further relief the Court deems 

proper.

PETER J. BARRETT, TRUSTEE

By: /s/ Peter J. Barrett

Counsel

KUTAK ROCK LLP

Peter J. Barrett (VSB No. 46179)

Jeremy Williams (VSB No. 77469)

Riverfront Plaza

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

peter.barrett@kutakrock.com

Jeremy.williams@kutakrock.com

 Counsel for Peter J. Barrett, Trustee

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 10 of 13
11

4839-1788-0904.3

NOTICE OF MOTION

Your rights may be affected. You should read these papers carefully and discuss them 

with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you 

may wish to consult one). If you do not want the court to grant the relief sought in the Motion, 

you must do the following:

1. You must file with the court, at the address shown below, a written 

response pursuant to Local Bankruptcy Rules 9013-1 and 2004-1 not later than seven days after 

the date of service noted below:

Clerk of the Bankruptcy Court

701 East Broad Street

Richmond, VA 23219

2. You must also deliver a copy to:

Peter J. Barrett, Esquire

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, VA 23219

3. No hearing has been set to consider the motion. If you object to the 

motion, you must file the objection timely with the Court. If a hearing is required, you must 

attend the hearing in addition to filing a written objection to the motion. If you fail to file timely 

a written response and to attend the hearing, the Court may consider any objection you may have 

waived and enter an Order granting the relief requested in the motion.

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 11 of 13
12

4839-1788-0904.3

CERTIFICATE OF SERVICE

I certify under penalty of perjury that a true copy of the forgoing was served via first 

class mail, postage pre-paid, through the Court’s ECF system on May 26, 2017 on all necessary 

parties as follows:

Robert VanArsdale, Esquire

Office of the U.S. Trustee

701 East Broad Street, Suite 4304 

Richmond, Virginia 23219

David Spiro, Esquire

Spiro & Browne

6802 Paragon Place, Suite 410

Richmond, VA 23230

Oliver Lawrence

12384 Mechumps Creek Lane

Ashland, VA 23005

Kim B. Lawrence

12384 Mechumps Creek Lane

Ashland, VA 23005

Oliver Lawrence, Jr.

12384 Mechumps Creek Lane

Ashland, VA 23005

Jimmy D. Lawrence

402 Westover Hills Boulevard

Richmond, VA 23225

Donald Lawrence

402 Westover Hills Boulevard

Richmond, VA 23225

LBKBL Properties, LLC

2425 Chamberlayne Avenue

Richmond, VA 23222

LBKBL Properties, LLC

c/o Fred Dixon, Registered Agent

4906 Fitzhugh Avenue

Richmond, 23230

Chamberlayne Autos, Trucks, SUV Sales, Inc.

2425 Chamberlayne Avenue

Richmond, VA 23222

Chamberlayne Autos, Trucks, SUV Sales, Inc.

c/o Brittany Rawlinson, Registered Agent

402 South Sycamore Street, Unit B

Petersburg, VA 23803

RVA Auto Sales, Inc. 

2425 Chamberlayne Avenue

Richmond, VA 23222

RVA Auto Sales, Inc.

c/o Brittany Rawlinson, Registered Agent

102 South Sycamore Street

Petersburg, VA 23803

Nancy Ann Rogers, P.C.

Attn: Nancy Ann Rogers, Esq.

12673 River Road

Richmond, Virginia 23238

Les Wingfield

Myers and Stauffer LC

4400 Cox Road, Suite 110

Glen Allen, Virginia 23060

Towne Bank

c/o Christopher J. Lange, Registered Agent

919 East Main Street, 24th Floor

Richmond, VA 23219

Wells Fargo Bank, NA 

c/o Corporation Services Company, Registered 

Agent

1111 E. Main Street, 16th Floor

Richmond, VA 23219

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 12 of 13
13

4839-1788-0904.3

SunTrust Bank

c/o Corporation Services Company, Registered 

Agent

1111 E. Main Street, 16th Floor

Richmond, VA 23219

American Express Corporation 

P.O. Box. 981537

Attn: Bankruptcy Department

El Paso, TX 79998

American Express Corporation

c/o C T Corporation System, Registered Agent

4701 Cox Road, Suite 285

Glen Allen, Virginia 23060-6802

Synchrony Financial

d/b/a Sams Club Mastercard

Attn: Margaret Keane, CEO

777 Long Ridge Road

Stamford, CT 06902

Barclaycard US

Attn: Curt Hess, CEO

123 S. West Street

Wilmington, DE 19801

/s/ Peter J. Barrett

Counsel

Case 17-30335-KLP Doc 28 Filed 05/26/17 Entered 05/26/17 09:03:36 Desc Main

 Document Page 13 of 13