____________________________________ 

Richard E. Lear (VSB #25361) 

Holland & Knight LLP 

800 17th Street N.W., Suite 1100 

Washington, D.C. 20006 

Tele: (202) 457-7049 

Fax: (202) 955-5564 

Email: richard.lear@hklaw.com 

Counsel for Carlyle Overlook Owner, LLC 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA

Richmond Division 

 

 ) 

In re: ) 

 ) Case No. 19-34574-KRH 

LeClairRyan PLLC,

1

 ) 

 ) Chapter 7 

 Debtor. ) 

____________________________________) 

STIPULATION BETWEEN LYNN L. TAVENNER, AS TRUSTEE, 

AND CARLYLE OVERLOOK OWNER, LLC AND STIPULATED ORDER 

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

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

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

Case” and/or the “Case”), and Carlyle Overlook Owner, LLC ("Carlyle”) hereby stipulate as 

follows:

BACKGROUND

1. On September 3, 2019 (the “Petition Date”), the Debtor filed for relief under 

Chapter 11 of Title 11 of the United States Code, 11 U.S.C. §§ 101—1532 (as thereafter amended, 

the “Bankruptcy Code”) in the United States Bankruptcy Court for the Eastern District of 

 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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Virginia, Richmond Division (the “Bankruptcy Court”). Pursuant to §§ 1007 and 1108 of the 

Bankruptcy Code, the Debtor operated as a debtor-in-possession.

2. Per agreement between the Debtor, the United States Trustee, and ABL Alliance, 

LLLP, the Debtor’s bankruptcy case was converted to a case under Chapter 7 of the Bankruptcy 

Code on October 4, 2019 (the “Conversion Date”).

3. Upon conversion, Lynn L. Tavenner was appointed interim trustee, and no trustee 

having been elected at the meeting of creditors, she continues to serve as trustee.

4. On December 3, 2019, Carlyle filed proof of claim 60 (the “Proof of Claim”) on 

account of unpaid rent and rejection damages arising out of that certain lease agreement between 

Carlyle and LeClairRyan dated as of May 1, 2009 pursuant to which LeClairRyan leased certain 

real property from Carlyle located at 2318 Mill Road, Alexandria, Virginia (as further amended and 

supplemented from time to time, the “Lease”).

5. On September 27, 2019, the Bankruptcy Court entered the Order Authorizing 

LeClairRyan PLLC To (I) Reject Unexpired Leases And (II) Abandon Certain Property In 

Conjunction with Such Rejection (Dkt. No. 132), pursuant to which the Lease was rejected 

effective as of September 5, 2019 (the “Rejection Order”).

6. Carlyle and the Trustee have engaged in discussions concerning the basis and 

amount of the Proof of Claim and have agreed to the terms contained herein.

STIPULATION

7. The Trustee and Carlyle are authorized and empowered to take all actions necessary 

to implement the relief granted in this Stipulation.

8. Carlyle is granted an allowed Chapter 11 administrative expense claim in the 

amount of $4,989.77 for unpaid rent due and owing under the Lease from and after the Petition Date 

through and including the rejection date (the “Carlyle Chapter 11 Administrative Claim”), which 

claim is entitled to priority pursuant to Bankruptcy Code § 503(b)(1).

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9. The Carlyle Chapter 11 Administrative Claim shall not be paid immediately, but 

shall be paid pursuant to the provisions of the Bankruptcy Code or any procedures that the Court 

may approve in this case for the payment of post-petition/pre-conversion administrative expense 

claims (whichever would result in an earlier distribution); except that Carlyle’s right to request, by 

separate motion, an earlier distribution than would be provided by the Bankruptcy Code of such 

Court approved procedures is hereby reserved.

10. Carlyle is granted an allowed, general unsecured claim in the amount of 

$650,202.05 (the “Carlyle Unsecured Claim”) on the basis of all unsecured claims held by 

Carlyle against LeClairRyan. The Carlyle Unsecured Claim is allowed on a full and final basis, not 

subject to further objection by the Trustee or any other party in interest.

11. Unless explicitly provided herein, all other amounts sought in the Case and/or 

otherwise by Carlyle are forever disallowed in their entirety for all purposes in this Case.

12. The Bankruptcy Court shall retain exclusive jurisdiction over any and all matters 

arising from or related to the implementation, interpretation, or enforcement of this Stipulated 

Order.

Stipulated and agreed to this 5th day of July, 2022.

So Ordered

Dated: 

Richmond, Virginia

UNITED STATES BANKRUPTCY JUDGE

Entered On Docket: ______________ 2022

 

Jul 21 2022

/s/ Kevin R Huennekens

Entered On Docket: Jul 21 2022

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 Dated: July 5, 2022 CARLYLE OVERLOOK OWNERS, LLC 

 /s/ Richard E. Lear 

 Richard E. Lear (VSB #25361) 

 HOLLAND & KNIGHT LLP 

 800 17th Street N.W., Suite 1100 

 Washington, D.C. 20006 

 Tele: (202) 457-7049 

 Fax: (202) 955-5564 

 richard.lear@hklaw.com 

 Counsel for Carlyle Overlook Owner, LLC 

/s/ Paula S. Beran 

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

PBeran@TB-LawFirm.com 

Tavenner & Beran, PLC 

20 North 8th Street, Second Floor 

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Facsimile: (804) 783-0178 

Counsel for Lynn L. Tavenner, Chapter 7 Trustee 

LOCAL BANKRUPTCY RULE 9022-1 CERTIFICATION 

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

Stipulation/Order has been endorsed and/or served on all necessary parties. 

/s/ Richard E. Lear 

 Richard E. Lear (VSB #25361) 

 HOLLAND & KNIGHT LLP 

 800 17th Street N.W., Suite 1100 

 Washington, D.C. 20006 

 Tele: (202) 457-7049 

 Fax: (202) 955-5564 

 richard.lear@hklaw.com 

 Counsel for Carlyle Overlook Owner, LLC 

 

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CERTIFICATE OF SERVICE 

I hereby certify that on July 5, 2022, a copy of the foregoing Stipulation was served on each 

of the entities included in the Service List filed at Docket No. 1062. The Stipulation was served 

by (a) email on those entities for which an email address is included in the Service List, and (b) 

first-class mail, postage prepaid on all other entities. 

/s/ Richard E. Lear 

Counsel for Carlyle Overlook Owner, LLC 

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