________________________________________

WHITEFORD, TAYLOR & PRESTON, LLP

Christopher A. Jones, VSB# 40064

David W. Gaffey, VSB# 85088

Jennifer E. Wuebker, VSB# 91184

3190 Fairview Park Drive, Suite 800

Falls Church, Virginia 22042 

Tel: (703) 280-3374

Proposed Counsel for WW Contractors, Inc.

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

WW Contractors, Inc., ) Case No. 18-12095-BFK

) Chapter 11

)

Debtor. )

____________________________________)

RESPONSE TO OBJECTION TO RETENTION OF WHITEFORD, 

TAYLOR & PRESTON, LLP AS COUNSEL TO THE DEBTOR

WW Contractors, Inc. (the “Debtor”), the debtor and debtor-in-possession in the above 

captioned chapter 11 case, hereby files this response to the Objection to Retention of Whiteford, 

Taylor & Preston, LLP as Counsel to the Debtor (the “Objection”) filed by the Office of the 

United States Trustee (the “US Trustee”). 

1. On November 16, 2018, the Debtor filed its Application to Employ Whiteford, 

Taylor & Preston, LLP as Counsel to the Debtor (the “Application”) seeking authority to employ 

Whiteford, Taylor & Preston, LLP (“WTP”) as its counsel in this bankruptcy case. See Docket 

No. 122.

2. On November 21, 2018, the US Trustee filed its Objection objecting to the 

Debtor’s proposal to pay to WTP a $15,000.00 initial retainer and $15,000.00 per month, which 

amounts would be placed into WTP’s trust account pending further order of the Court. The basis 

for the Objection is that the US Trustee had not received payment of its fees for the third quarter 

of 2018 payable by the Debtor pursuant to 28 U.S.C. § 1930.

Case 18-12095-BFK Doc 146 Filed 12/07/18 Entered 12/07/18 11:59:10 Desc Main

 Document Page 1 of 3
2

3. On November 23, 2018, the Debtor obtained confirmation from the US Trustee 

regarding the total amount of quarterly fees owed.1

4. On November 27, 2018, the Debtor sent payment of the third quarter fees to the 

US Trustee. The Debtor’s records indicate that the payment was received by the US Trustee at 

10:06 a.m. on November 29, 2018. 

5. On December 4, 2018, the US Trustee confirmed by email to counsel to the 

Debtor that full payment for the third quarter fees had been received and applied to the 

outstanding balance owed by the Debtor.

6. Given the payment in full of the US Trustee’s fees, the Debtor believes that the 

Objection has been resolved.

WHEREFORE, the Debtor respectfully requests that the Court enter an order (1)

overruling the Objection; (2) approving the Application; and (3) granting such other and further 

relief as it deems just and proper.

Dated: December 7, 2018 WHITEFORD, TAYLOR & PRESTON, LLP

/s/ David W. Gaffey

Christopher A. Jones, VSB# 40064

David W. Gaffey, VSB# 85088

Jennifer E. Wuebker, VSB# 91184

3190 Fairview Park Drive, Suite 800

Falls Church, Virginia 22042

Telephone: (703) 280-3374

Email: dgaffey@wtplaw.com

Proposed Counsel for WW Contractors, Inc.

 

1 The Debtor and employees of the US Trustee had been engaged in email correspondence predating the Objection regarding the correct amount of quarterly fees, taking into account interbank 

transfers which are not included when calculating the fee owed. 

Case 18-12095-BFK Doc 146 Filed 12/07/18 Entered 12/07/18 11:59:10 Desc Main

 Document Page 2 of 3
3

CERTIFICATE OF SERVICE

I hereby certify that on December 7, 2018, I caused a copy of the foregoing Response to 

be served via the Court’s Electronic Case Filing System on all parties requesting notice thereby.

/s/ David W. Gaffey

Counsel

Case 18-12095-BFK Doc 146 Filed 12/07/18 Entered 12/07/18 11:59:10 Desc Main

 Document Page 3 of 3