Paula S. Beran, Esquire (Va. Bar No. 34679)

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor

Richmond, Virginia 23219

Telephone: (804) 783-8300

Facsimile: (804) 783-0178

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division 

In re: Case No.

LeClairRyan, PLLC,1 19-34574-KRH

Debtor Chapter

7

MOTION TO (I) EXPEDITE HEARING AND (II) SHORTEN NOTICE PERIOD

ON THE TRUSTEE’S MOTION FOR APPROVAL OF COMPROMISE AND

SETTLEMENT AND MEMORANDUM IN SUPPORT THERETO 

Lynn L. Tavenner, Trustee, not individually, but solely in her capacity as the Chapter 7 

trustee (in such capacity, the “Trustee”) of the bankruptcy estate (the “Estate”) of LeClairRyan 

PLLC (“LeClairRyan” and/or the “Debtor”), in the above-referenced Chapter 7 case (the “Case”) 

hereby moves, by counsel, (the “Expedited Hearing Motion”) the Court for the entry of an order 

pursuant to Local Bankruptcy Rule 9013-1(N) granting an expedited hearing and shortening the 

notice period thereof on her Motion for Approval of Compromise and Settlement and 

Memorandum of Law (the “Motion”),

2 which Motion seeks the entry of an order approving a 

settlement with Petersburg Regency LLC (“PR”) and Robert Harmon (“Harmon” and together 

with PR, the “Claimants”). In support of this Expedited Hearing Motion, the Trustee respectfully 

1 The principal address of the Debtor as of the petition date was 4405 Cox Road, Glen Allen, Virginia 23060, and the 

last four digits of the Debtor’s federal tax identification number are 2451.

2 Capitalized terms not otherwise defined shall have the meanings given them in the Motion.

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represents as follows: 

JURISDICTION

1. The United States Bankruptcy Court for the Eastern District of Virginia (the 

“Court”) has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Standing 

Order of Reference from the United States District Court for the Eastern District of Virginia, dated 

August 15, 1984. 

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

3. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. 

RELIEF REQUESTED

4. Contemporaneously herewith, the Trustee has filed the Motion, which seeks 

approval of a settlement with the Claimants. A material part of the Settlement is payment in 2022. 

As such, the Trustee agreed to request from this Court an expedited hearing of the Motion such 

that the matter could be heard, approved by final order, and check/wire request processed through 

the requisite channels at Axis, with the goal of payment being received in 2022. Furthermore, this 

Court previously entered an Agreed Order Granting Petersburg Regency LLC and Robert Harmon 

Limited Relief from the Automatic Stay, [ECF. No. 1128] which order permits the payment of the 

Settlement Amount from the proceeds of the Malpractice Policy given the same is within the limits

of the Malpractice Policy and said payment fully resolves the Petersburg Lawsuit.3

 

3

 Given the Trustee’s participation at the request of the New Jersey Mediator and the Estate being a proposed party to 

the Settlement Agreement, the Trustee filed the Motion seeking the requested relief. 

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LEGAL AUTHORITY

5. Local Rule 9013-1(N) contemplates the relief requested herein. Pursuant to Local 

Rule 9013-1(N), the Certification for Expedited Hearing is attached hereto as Exhibit A. 

6. Bankruptcy Rule 2002 requires at least 21-days’ notice for a hearing on the Motion. 

However, under Bankruptcy Rule 9006(c), this Court may shorten notice and conduct the 

expedited hearing upon cause shown (“the court for cause shown may in its discretion with or 

without motion or notice order the period reduced”). Furthermore, this Court has previously 

granted motions for an expedited hearing to consider a motion to compromise or settle claims in 

this Case as well as in other cases. See In re Health Diagnostic Laboratory, Inc. et al., Case No 

15-32919 (Bankr. EDVA 2015) (Dkt Nos. 5281, 5048) (Adv. P. No. 17-3029, Dkt No. 52, 128) 

(Order Granting Motion to Expedite Hearing).

7. For the reasons stated herein and in the Motion, the Trustee submits that the 

requisite cause has been shown and, as such, respectfully requests that this Court shorten the notice 

period and conduct a hearing on the Motion on November 29, 2022. 

NOTICE

8. Copies of this Expedited Hearing Motion and notice thereof have been provided to 

(a) the Office of the United States Trustee, (b) the Debtor’s 20 Largest Unsecured Creditors; (c) 

all known secured creditors from the Debtor’s Official Form 106D; (d) the Core Parties and 2002 

List as defined in the Case Management Order; and (e) all parties requesting service of pleadings 

in this Case. 

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WHEREFORE, the Trustee respectfully requests that the Court enter an order substantially 

in the form attached hereto as Exhibit B: (a) permitting the Trustee to present the Motion on an 

expedited basis and (b) granting such other and further relief, as the Court may deem proper. 

Dated: November 27, 2022 

Richmond, Virginia

LYNN L. TAVENNER, TRUSTEE

By:/s/ Paula S. Beran

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

Tavenner & Beran, PLC 

20 North 8th Street

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Facsimile: (804) 783-0178 

Counsel for Lynn L. Tavenner, Trustee

CERTIFICATE OF SERVICE

Pursuant to the Local Rules and/or orders of this Court, I certify that on this 27th day of 

November 2022, a true copy of the foregoing Motion was sent electronically and/or by first-class 

mail to: (a) the Office of the United States Trustee; (b) the Debtor’s 20 Largest Unsecured 

Creditors; (c) all known secured creditors from the Debtor’s Official Form 106D; (d) the Core 

Parties and 2002 List as defined in the Case Management Order; and (e) all parties requesting 

service of pleadings in this Case. 

/s/ Paula S. Beran 

Counsel for the Trustee 

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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division 

In re: Case No.

LeClairRyan, PLLC, 19-34574-KRH

Debtor Chapter

7

CERTIFICATION FOR EXPEDITED HEARING

Lynn L. Tavenner, Trustee, not individually, but solely in her capacity as the Chapter 7 

trustee (in such capacity, the “Trustee”) of the bankruptcy estate (the “Estate”) of LeClairRyan 

PLLC (“LeClairRyan” and/or the “Debtor” and/or “LCR”)), in the above-referenced Chapter 7 

case (the “Case”) Lynn L. Tavenner, Chapter 7 Trustee (the “Trustee”), has filed (a) a request for 

an expedited hearing (the “Expedited Hearing Motion”) and (b) the Motion (as defined in the 

Expedited Hearing Motion). In support thereof, as required by Local Rule 9013-1(N), I, Paula S. 

Beran, hereby swear under penalty of perjury the following: 

1. I am a member of the Bar of this Court; 

2. I have carefully examined the matter and have concluded that there is a true need 

for an emergency hearing;

3. I have not created the emergency through any lack of due diligence; and 

4. I am unable to resolve the matter without a hearing.

/s/ Paula S. Beran 

Paula S. Beran, Esquire

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Paula S. Beran, Esquire (Va. Bar No. 34679)

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor

Richmond, Virginia 23219

Telephone: (804) 783-8300

Facsimile: (804) 783-0178

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division 

In re: Case No.

LeClairRyan, PLLC,1 19-34574-KRH

Debtor Chapter

7

ORDER GRANTING EXPEDITED HEARING ON THE TRUSTEE’S MOTION

TO (I) EXPEDITE HEARING AND (II) SHORTEN NOTICE PERIOD

ON THE TRUSTEE’S MOTION FOR APPROVAL OF COMPROMISE AND

SETTLEMENT AND MEMORANDUM IN SUPPORT THERETO

This matter came before the Court upon the motion of Lynn L. Tavenner, Chapter 7 trustee 

(the “Trustee”) of the above-captioned bankruptcy case, requesting an expedited hearing and 

shortened response period (the “Expedited Hearing Motion”) on the Motion (as defined in the 

Expedited Hearing Motion), and it appearing that a certification under Local Rule 9013-1(N) was 

attached to the Expedited Hearing Motion and it further appearing good cause exists for granting 

an expedited hearing, it is hereby: 

ADJUDGED, ORDERED, AND DECREED as follows:

1. The Expedited Hearing Motion is hereby GRANTED. 

1 The principal address of the Debtor as of the petition date was 4405 Cox Road, Glen Allen, Virginia 23060, and the 

last four digits of the Debtor’s federal tax identification number are 2451.

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2. Capitalized terms not otherwise defined herein shall have the meanings given to 

them in the Expedited Hearing Motion. 

3. Pursuant to Bankruptcy Rule 9006, the notice period for the Motion is hereby 

reduced to 2 days. 

4. The Court shall hear the Motion on November 29, 2022 at 1:00 p.m. (prevailing 

Eastern Time) at the U.S. Bankruptcy Court, 701 East Broad Street, Room 5000, Richmond, 

Virginia 23219. 

5. Upon entry, the Clerk shall serve (by electronic delivery) a copy of this Order on 

counsel for the Trustee. 

ENTERED:

UNITED STATES BANKRUPTCY JUDGE

I ask for this: 

/s/ 

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

Tavenner & Beran, PLC 

20 North 8th Street

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Facsimile: (804) 783-0178 

Counsel for Lynn L. Tavenner, Trustee 

Seen and not objected to: 

____________________________________ 

Shannon F. Pecoraro, Esquire 

Office of the United States Trustee

701 East Broad Street, Suite 4304 

Richmond, Virginia 23219 

(804) 771-8004 

Trial Attorney

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Local Rule 9022-1 Certification

I hereby certify that, pursuant to Local Rule 9022-1, the foregoing proposed Order has 

either been served upon and/or endorsed by all necessary parties. 

 

Counsel 

Service List for Entered Order

Shannon F. Pecoraro, Esquire 

Office of the United States Trustee

701 East Broad Street, Room 4304 

Richmond, Virginia 23219 

Paula S. Beran, Esquire 

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor 

Richmond, VA 23219 

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