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

David N. Tabakin, Esquire (Va. Bar No. 82709)

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor

Richmond, Virginia 23219

Telephone: (804) 783-8300

Telecopy: (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,119-34574-KRH

Debtor Chapter

7

TRUSTEE’S RESPONSE AND LIMITED OBJECTION TO MOTION FOR 

LIFTING STAY OF CASE 3:19CV135 CHIEN V LECLAIRRYAN ET AL 

OF US DISTRICT COURT FOR EASTERN DISTRICT OF VIRGINIA 

(RICHMOND) AND MOTION TO EXPEDITE TO ARRANGE HEARING 

ON NOVEMBER 11. 2019 FOR MOTION OF LIFTING STAY AND SUPPLEMENTARY

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

7 trustee (in such capacity, the “Chapter 7 Trustee” and/or the “Trustee”) of the bankruptcy 

estate (the “Estate”) of LeClairRyan PLLC (“LeClairRyan” and/or the “Debtor”), in the abovereferenced Chapter 7 case (the “Case”) hereby files this response and limited objection (the 

“Response”) to the Motion for Lifting Stay of Case 3:19cv135 Chien v. LeClairRyan et al of US 

District Court for Eastern District of Virginia (Richmond) (the “Motion for Relief”), ECF No. 

222, the Motion for Expedite to Arrange Hearing on November 11. 2019 for Motion of Lifting Stay 

of Case 3:19cv135 Chien v. LeClairRyan et al., of US District Court for Eastern District of 

Virginia (Richmond) (the “Motion to Expedite”), ECF No. 223, and the Supplementary, ECF No. 

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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225, filed by Andrew Chien (the “Movant”) and, in support thereof, states 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 (the “Bankruptcy 

Code”). Pursuant to §§ 1007 and 1108 of the Bankruptcy Code, the Debtor operated as a debtorin-possession.

2. On September 12, 2019, the United States Trustee filed its Motion to Convert Case 

to Chapter 7 (the “Motion to Convert”) and notice thereof. ECF No. 61. At a hearing on 

September 26, 2019 (the “September 26 Hearing”), the Court denied the Motion to Convert. Per 

agreement between the Debtor, the United States Trustee, and ABL Alliance, LLLP (the 

“Lender”), 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 or about November 13, 2019, Movant filed the Motion for Relief and Motion 

to Expedite. The Supplementary was filed on November 14, 2019.

Response and Limited Objection

5. The Chapter 7 Trustee objects to Movant’s requested relief in the Motion to 

Expedite. Movant did not comply with Local Rule 9013-1(N). Furthermore, Movant fails to allege 

specific facts to establish that the Motion for Relief should be heard on an expedited basis. The 

only basis given by Movant is that “because LeClairRyan was already near completion of the 

dissolution. All defendants’ employees of LeClairRyan in that case, had departed, which caused 

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more difficult in collection of evidence. As more time delay, more difficult will create, which is 

not fair to all parties in that case.” Motion to Expedite. Yet, there is no allegation of spoilage or 

risk of spoilage.2 The Chapter 7 Trustee is presently overseeing the processing of client files and 

the inspection of the Debtor’s corporate records (such as they are). Furthermore, as detailed below, 

the Chapter 7 Trustee, through her professionals, is investigating a process whereby Movant can 

obtain relevant documents and information from the Estate. Based on the same, and an absence of 

any fact to justify an expedited hearing, the Motion for Relief should not be heard on an expedited 

basis.

6. Accordingly, the Chapter 7 Trustee asserts that the Motion to Expedite should be 

denied and the Motion for Relief should be set for a preliminary hearing on December 19, 2019,

at 1:00 p.m. (the next omnibus hearing date and a date that is consistent with relevant notice 

provisions), allowing the Chapter 7 Trustee the opportunity to work with Movant to determine if 

there is a consensual resolution to the Motion for Relief. 

7. The Chapter 7 Trustee believes that the time between the November 21, 2019,

omnibus hearing date and the December 19, 2019, omnibus hearing date will allow her, through 

counsel, to address Movant’s request and determine if there could be a consensual resolution. For 

example, it appears that Movant concedes that no monetary relief will be sought against the Debtor. 

Accordingly, it appears that the Debtor may be dismissed from case number 3:19-cv-135, Chien 

v. LeClairRyan, et al.

8. In addition, in the Motion for Relief, it appears that Movant seeks “evidence 

2 The Trustee is aware of no circumstances since the Conversion Date that would give rise to a spoliation allegation.

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documents such as: the company’s ethics code, policy, reports, events, meeting and email, 

telephone calls, time-sheets, communications among inside or with customer, etc., which are 

relative to Chien’s cases.” Motion for Relief at 5. As indicated, the Chapter 7 Trustee is presently 

overseeing the processing of client files and the inspection of the Debtor’s corporate records (such 

as they are). The Trustee is willing to respond to reasonable requests for information so long as 

the same does not alter, impair, and/or otherwise impact property of the Estate and the Estate shall 

not be required to incur any significant cost or expense as it relates to the same. These requirements 

are similar to those agreed to in connection with the Trustee’s consent to other motions for relief 

from stay.

9. Accordingly, any such consent order would likely require that Movant: 

a. Dismiss LeClairRyan from case number 3:19-cv-135, Chien v. LeClairRyan, et al., 

which should not be objectionable given Movant’s assertion that “Chien will not 

ask any compensation damage from LeClairRyan in that case,” Motion for Relief 

at 5;

b. Agree to a process as it relates to the collection of any “evidence documents” that 

Movant seeks by which said “evidence documents” are obtained and located for 

Movant wherein:

i. Movant shall prepay the Estate any and all costs associated with delivering 

the “evidence documents” to Movant;

ii. The “evidence documents” would not include anything containing attorneyclient privilege or work product privilege between LeClairRyan and its

former clients;

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iii. The Chapter 7 Trustee would only be required to take reasonable steps to 

locate said “evidence documents” for the Movant;

iv. If a dispute arises as to the reasonableness of said steps between the Chapter 

7 Trustee and Movant, then this Court would be the final determiner of the 

reasonableness of said steps; and 

v. In the event that Movant and the Chapter 7 Trustee need to appear in this

Court for a determination as to the reasonableness of any search for 

“evidence documents,” should this Court determine that the Chapter 7 

Trustee was unreasonable, the Chapter 7 Trustee will provide the requested 

“evidence documents” at no additional cost. However, in the event that the 

Court concludes that the Chapter 7 Trustee was reasonable, then Movant 

shall pay any and all legal fees and costs associated with the Chapter 7 

Trustee having to appear in Court for said determination, as well as the costs 

for producing the same.

10. The Chapter 7 Trustee, through counsel, welcomes the opportunity to work with 

Movant to determine if a consensual resolution as suggested herein is possible such that a consent 

order could be submitted to this Court.

11. Until said time as the Trustee has agreed on the form of order, the Chapter 7 Trustee 

reserves her right to supplement this Response if necessary and/or appropriate.

WHEREFORE, the Chapter 7 Trustee respectfully requests the Court deny the Motion to 

Expedite and set the Motion for Relief down for a preliminary hearing on December 19, 2019, at 

1:00 p.m., and for whatever further relief is just.

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Respectfully submitted,

LYNN L. TAVENNER, CHAPTER 7 TRUSTEE

Dated: November 20, 2019

Richmond, Virginia

By: /s/ Paula S. Beran

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

PBeran@TB-LawFirm.com

David N. Tabakin, Esquire (VSB No. 82709)

DTabakin@TB-LawFirm.com

Tavenner & Beran, PLC

20 North 8th Street

Richmond, Virginia 23219

Telephone: (804) 783-8300

Telecopier: (804) 783-0178

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

CERTIFICATE OF SERVICE

I hereby certify that on this 20th day of November 2019, a true copy of the foregoing 

Trustee’s Response was sent by electronic delivery to:

Robert B. Van Arsdale, Esquire

Office of the United States Trustee

701 East Broad Street, Room 4304

Richmond, Virginia 23219

Andrew Chien

655 Ellsworth Avenue

New Haven, CT 06511

JCS23@yahoo.com

/s/ Paula S. Beran

Paula S. Beran, Esquire

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

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