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 TO THE MOTION OF LECLAIRRYAN PLLC 

FOR APPROVAL OF CLIENT FILE DISPOSITION PROCEDURES 

AND ORDER APPROVING CLIENT FILE DISPOSITION PROCEDURES

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 (the “Response”) to the Motion 

of LeClairRyan PLLC for Approval of Client File Disposition Procedures (the “Motion”)2and 

Order Approving Client File Disposition Procedure (the “File Disposition Order”) and, in 

support thereof, states as follows:

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 Terms not otherwise defined shall have the meanings ascribed to them in the Motion.

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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 amended, the 

“Bankruptcy Code”). Pursuant to §§ 1007 and 1108 of the Bankruptcy Code, the Debtor operated 

as a debtor-in-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”). Upon conversion, Lynn L.

Tavenner was appointed interim trustee, and she continues to serve in that capacity.

3. On September 12, 2019, the Debtor filed the Motion, wherein it proposed 

procedures for the disposition of the Retained Client Files. See Motion, ECF No. 70. On September 

27, 2019, the Court entered the File Disposition Order approving the procedures (the “Initial File 

Disposition Procedures”) set forth in the Motion for the disposition of the Retained Client Files. 

Order, ECF No. 130. The File Disposition Order contained the following provision:

This Order and the File Disposition Procedures shall be binding on any successor 

in interest to the Debtor, including, without limitation, any Chapter 7 Trustee; 

provided, however, any Chapter 7 Trustee shall have twenty-one (21) days from 

appointment to file an objection with this Court to this Order. 

File Disposition Order at ⁋ 12. After review of (a) the Initial File Disposition Procedures, (b) 

procedures utilized in other cases, and (c) the Debtor’s document management system and related 

processes, the Chapter 7 Trustee maintain, in the exercise of her business judgment, that the Initial 

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File Disposition Procedures are beneficial to the Estate but do require certain modifications.

Accordingly, the Chapter 7 Trustee brings this timely Response to the Initial File Disposition 

Procedures.

Relief Requested

4. Pursuant to this Response, the Chapter 7 Trustee seeks entry of the order attached 

hereto as Exhibit A, approving certain modifications (the “Revised File Disposition Procedures”)

substantially in the form of the procedures outlined below.

Revised File Disposition Procedures

5. The Chapter 7 Trustee believes that the Revised File Disposition Procedures (a) 

adequately address the ethical obligations of both the Debtor entity and the attorneys who were 

formerly employed3by the Debtor; and (b) are within the parameters and principles of the 

Bankruptcy Code. The Initial File Disposition Procedures already provide notice to former clients 

advising them that their files are available to be returned at their expense (or maintained with a 

storage provider at their expense). The procedures, initially and as proposed to be modified, also 

permit the Estate to rid itself of the burdensome Retained Client Files that would impair the 

effective wind-down of the Debtor and the administration of the Estate if such Retained Client 

Files are not destroyed or abandoned.

6. The proposed Revised File Disposition Procedures and a brief explanation of the 

rationale behind each are set forth below.

A. Notice

3 This “employment” characterization is simply used to describe the Debtor’s business and is not intended to ascribe 

any type of legal connotation to the relation between the Debtor and any attorney that the Debtor held out to the public 

as a LeClairRyan attorney.

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7. Representatives of the Debtor informed the Chapter 7 Trustee that, upon approval 

of the Initial File Disposition Procedures, the Debtor sent on October 3, 2019, the Notice of Intent, 

by electronic means (if known), and by first class mail to those former clients whose files may be 

included in the Retained Client Files. The Notice of Intent advised that the Estate may currently 

be in possession of certain client files, which would likely be disposed of no sooner than 90 days 

after service of the Notice of Intent, unless the client directed otherwise. The deadline to respond 

was no greater than 90 days after the Notice of Intent was mailed to former clients. To claim and 

retrieve a client file, a former client must have completed and returned a File Retrieval Form, 

which was attached to the Notice of Intent, to the Debtor or the Chapter 7 Trustee no later than the 

later of 90 days after publication or the date the Notice of Intent was mailed to former clients of 

the Debtor.

8. In the event that a former client does not return the File Retrieval Form to the Estate

before the expiration of the 90 day period, those Retained Client Files for which no File Retrieval

Form has been received shall be deemed abandoned by the former client and the Estate shall be

permitted to destroy such files.

9. Representatives of the Debtor informed the Chapter 7 Trustee that, upon approval 

of the Initial File Disposition Procedures, the Debtor provided publication notice on October 7, 

2019 (the “Publication Notice”), in the Richmond Times Dispatch (the widest circulating 

newspaper in the city of the Debtor’s former home office) and a nationally circulated publication.

As with the written notice, the former clients have 90 days after publication of the Publication

Notice to contact the Estate and request that its files be returned to it or request that its files be 

destroyed. Furthermore, 90 days after the publication of the Publication Notice or mailing of the 

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Notice of Intent, whichever is later, those Retained Client Files for which no File Retrieval Form 

has been received shall be deemed abandoned by the Chapter 7 Trustee without the need for further 

order of this Court, and the Chapter 7 Trustee will be permitted to dispose of such Retained Client

Files in the manner she deems appropriate.

10. The Initial File Disposition Procedures did not address a process being employed 

by the Debtor whereby former attorneys had requested and continued to request Retained Client 

Files. The Chapter 7 Trustee believes it appropriate to incorporate aspects of this process into 

procedures approved by this Court. Accordingly, if a former attorney contacts the Chapter 7 

Trustee about the disposition of Retained Client Files and he/she possesses the requisite client 

consent (the “Attorney Request for Client Files”), those Retained Client Files may be disposed 

of pursuant to the Revised File Disposition Procedures.

B. Retrieval of Files Shall Be at Expense of Client and/or Former Attorney

11. The efforts to retrieve a Retained Client File for a former client upon request will

result in a cost to the Estate. As approved by this Court in the Initial File Disposition Procedures, 

the Chapter 7 Trustee intends to charge former clients for expenses arising from the removal, 

mailing, and/or disposition of Retained Client Files. The Chapter 7 Trustee also anticipates

charging for the retrieval and delivery of electronic Retained Client Files if it will require the Estate

to incur substantial time and expense processing, compiling, and delivering such electronic

Retained Client Files to the Debtor’s former clients.

12. The Estate is not in physical possession of certain of the physical Retained Client

Files, and certain storage facilities where Retained Client Files are located may charge retrieval

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related fees. The Estate is authorized to require the former client to pay such fees if the client 

notifies the Estate that it wishes to retrieve its documents or have them destroyed.

13. To the extent the Estate through the Chapter 7 Trustee receives an Attorney Request 

for Client Files from an attorney, the Retained Client Files may be released to said attorney and 

said attorney shall be required to pay all costs related to the same.

14. In the event the Estate does not receive a requisite request regarding the disposition 

of Retained Client Files, the Estate will try to pay the reasonable costs for the destruction of such 

Retained Client Files in an attempt to ensure that client confidences are not compromised; 

provided, however, that (a) said costs may also be assessed against former attorneys of the Debtor, 

and (b) the Chapter 7 Trustee may file a supplemental request seeking an alternative mechanism 

to address the remaining Retained Client Files. To the extent that any former attorney contests said 

charges, he/she may dispute the same by filing an objection with this Court within 14 days of being 

assessed.

15. The Chapter 7 Trustee shall be authorized to rely on the Debtor’s books and records 

regarding the Retained Client Files.

C. Files Must Be Retrieved Within a Reasonable Period

16. To the extent a File Retrieval Form or an Attorney Request for Client Files is timely 

received, the former client and/or attorney shall have a reasonable opportunity thereafter to make 

arrangements to retrieve the files. However, in the event a former client and/or attorney fails to 

make efforts to retrieve its files or fails to retrieve its files within 30 days after receipt of the notice 

of intent to retain such Retained Client Files, said Retained Client Files shall be deemed 

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abandoned, and, accordingly, the Chapter 7 Trustee may dispose of said Retained Client Files in a 

manner that she deems appropriate.

D. Estate May Retain Some Retained Client Files

17. Notwithstanding the authority granted to the Estate to abandon Retained Client

Files, the Chapter 7 Trustee on behalf of the Estate may retain certain Retained Client Files to the 

extent such retention is in the best interests of the Estate. Additionally, the Debtor represented to 

the Court that it took reasonable stepsto avoid the destruction of certain estate planning documents, 

such as wills, and intrinsically valuable documents. The Chapter 7 Trustee intends to continue said 

process for the Retained Client Files located at the Estate’s Cox Road address. 

18. The Debtor’s practice areas included white-collar defense analogous to matters in

the criminal defense context. For the avoidance of doubt, if the Estate does not receive a File

Retrieval Form for Retained Client Files that involve a criminal matter or a white-collar defense

matter, the Chapter 7 Trustee on behalf of the Estate is authorized to destroy such Retained Client 

Files.

Notice

19. This Response has been filed with the Court consistent with the File Disposition

Order. The Chapter 7 Trustee submits that no other or further notice need be provided.

20. Furthermore, the File Disposition Order provides:

[A]ny Chapter 7 Trustee shall have twenty-one (21) days from appointment to file 

an objection with this Court to this Order. If no such objection is timely filed with 

this Court by any such Chapter 7 Trustee, this Order shall become final and nonappealable as to any such Chapter 7 Trustee. If an objection is timely filed by any 

such Chapter 7 Trustee, a hearing will be held before this Court at a date and time 

to be established by this Court.

File Disposition Order at ⁋ 12.

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21. The Chapter 7 Trustee respectfully suggests that the requested modifications may 

be implemented without additional hearing from this Court. First, while the revised procedures do 

provide that destruction costs of abandoned Retained Client Files may also be assessed against 

former attorneys of the Debtor, he/she may dispute the same by filing an objection with this Court 

within 14 days of being assessed. Other modifications clarify that the Estate’s obligations rest with 

the Estate and not with the Chapter 7 Trustee personally. The revised procedures also reserve the 

rights of the Chapter 7 Trustee to file a supplemental request seeking an alternative mechanism to 

address the remaining, abandoned Retained Client Files. No other proposed modification 

materially alters any rights or obligations of any party. Based on the forgoing the Chapter 7 Trustee 

respectfully requests that Court approve the modifications provided herein by entering the attached 

proposed order without the need for additional hearing. 

WHEREFORE, the Chapter 7 Trustee respectfully requests the Court grant the relief 

requested in this Response and enter the revised order attached hereto as Exhibit A.

Respectfully submitted,

LYNN L. TAVENNER, CHAPTER 7 TRUSTEE

Dated: October 25, 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

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CERTIFICATE OF SERVICE

Pursuant to the Local Rules of this Court, I certify that on this 25th day of October 2019, a 

true copy of the foregoing Response was sent electronically to all parties receiving ECF notices in 

this Case.

/s/ Paula S. Beran

Paula S. Beran, Esquire

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

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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,419-34574-KRH

Debtor Chapter

7

SUPPLEMENTAL ORDER APPROVING MODIFIED

CLIENT FILE DISPOSITION PROCEDURES

Upon consideration of the Response5filed by Lynn L. Tavenner, Trustee (“Chapter 7

Trustee” and/or “Trustee”) of the bankruptcy estate (the “Estate”) of LeClairRyan, PLLC (the 

“Debtor” and/or “LeClairRyan”) for a supplemental order authorizing and approving 

modifications to the Initial File Disposition Procedures (the “Revised File Disposition 

Procedures”) related to the disposition of former client files; the Court finds that (i) it has 

jurisdiction over the matters raised in the Response pursuant to 28 U.S.C. §§ 157 and 1334(b), (ii) 

this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), (iii) the relief requested in the Response

is in the best interest of the Debtor, its Estate, and its creditors and within the sound business 

judgment of the Chapter 7 Trustee, (iv) proper and adequate notice of the Response and the 

4 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.

5 Terms not otherwise defined herein shall have the meanings given them in the Response.

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opportunity for a hearing thereon has been given under the particular circumstances and that no 

other or further notice is necessary, (v) good and sufficient cause exists for granting of the relief 

requested in the Response as set forth herein, (vi) the transmission of written notice and notice by 

publication was a reasonable means of locating former clients in an effort to advise such former 

clients of the need to retrieve their Retained Client Files, and (vii) the legal and factual bases set 

forth in the Response establish just cause for the relief granted herein. Therefore,

IT IS HEREBY ORDERED THAT:

1. The File Retrieval Form and/or Attorney Request for Client Files must be received 

on or before January 6, 2020, by the Estate in order for a former client to preserve its right to claim 

and retrieve its files. To the extent an attorney submitted an Attorney Request for Client Files 

before entry of this Order, he/she must, on or before January 6, 2020, confirm that the Chapter 7 

Trustee is in possession of said request in order for said request to be deemed timely. Once the 

File Retrieval Form and/or Attorney Request for Client Files is received by the Chapter 7 Trustee,

(a) as to physical files, the Chapter 7 Trustee is authorized to instruct the off-site storage

facility(ies) to release and transfer the hard copy files as directed, and (b) as to electronic files, the 

Chapter 7 Trustee is authorized (i) to identify electronic files held by a third party (an “Electronic 

Storage Facility”) or the Estate and to deliver the files as directed and (ii) to permanently delete 

such files and/or to authorize the Electronic Storage Facility to permanently delete such files from 

its database. 

2. It shall be the responsibility of a former attorney to ensure through the Chapter 7 

Trustee that the Estate has received the Attorney Request for Client Files. If neither a File Retrieval 

Form nor an Attorney Request for Client Files is timely received by the Estate concerning any 

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Retained Client Files, then the Chapter 7 Trustee may arrange for the destruction of such Retained 

Client Files in a manner that will reasonably ensure that client confidences are not compromised. 

The Estate will attempt to pay the reasonable costs for any such destruction of Retained Client

Files; provided (a) said costs may also be assessed against former attorneys of the Debtor, and (b) 

the Chapter 7 Trustee may file a supplemental request seeking an alternative mechanism to address 

the remaining Retained Client Files. As to any electronic Retained Client Files for which a requisite 

request has not been not timely received by the Estate, the Chapter 7 Trustee may identify the 

applicable electronic Retained Client Files, delete the files, and/or remove the files from the 

Electronic Storage Facility and authorize the Electronic Storage Facility to permanently delete 

such files from its database.

3. If a File Retrieval Form or an Attorney Request for Client Files is timely received 

by the Estate, then the former clients and/or attorney shall have a reasonable opportunity thereafter 

to make arrangements to retrieve their Retained Client Files, either in hard copy or electronic 

version. If the former client and/or attorney fails to make adequate arrangements for the retrieval 

of Retained Client Files or otherwise fails to retrieve Retained Client Files within thirty (30) days, 

then the Chapter 7 Trustee may arrange for the destruction of such Retained Client Files in a 

manner that will reasonably ensure that client confidences are not compromised. The Estate will 

attempt to pay the reasonable costs for any such destruction of Retained Client Files; provided (a) 

said costs may also be assessed against former attorneys of the Debtor, and (b) the Chapter 7 

Trustee may file a supplemental request seeking an alternative mechanism to address the remaining 

Retained Client Files. Notwithstanding the foregoing or any other provision in this Order, nothing 

in this Order imposes any obligation on any Electronic Storage Facility to coordinate or otherwise 

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communicate with any former client of the Debtor for the retrieval or deletion of electronic 

Retained Client Files.

4. Any retrieval of Retained Client Files shall be subject to payment of all costs 

attendant to retrieval by the former client (or its qualified agent and/or attorney), including, without

limitation, (i) any charges arising from the removal, mailing, and disposition of such Retained

Client Files; and (ii) the retrieval and delivery of electronic Retained Client Files that will require

the Estate to incur time and expense processing, compiling and delivering such electronic data to 

such former clients.

5. Upon receipt by an Electronic Storage Facility of email notice from the Chapter 7 

Trustee to permanently delete Retained Client Files from the Debtor’s database, the Electronic

Storage Facility may rely upon such notice and may permanently delete the applicable Retained

Client File from its electronic system. With respect to electronic files that do not constitute

Retained Client Files, upon receipt by an Electronic Storage Facility of email notice from the

Chapter 7 Trustee (a) indicating that the Chapter 7 Trustee has another copy of such electronic 

files and (b) requesting the permanent deletion of such electronic files from the database of the

Electronic Storage Facility, the Electronic Storage Facility may rely upon such notice and may

permanently delete the applicable electronic files from its electronic system.

6. Notwithstanding any other provision in this Order, the Chapter 7 Trustee is

authorized to retain any Retained Client File she deems necessary for the administration of the

Estate or for any other reason.

7. Notwithstanding any other provision in this Order, nothing in this Order affects (i) 

any obligation of Chapter 7 Trustee to pay an Electronic Storage Facility for the access to or

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utilization of space at such Electronic Storage Facility; (ii) the rights of an Electronic Storage

Facility to assert an administrative expense claim against the Estate or to seek relief from stay in

order to exercise its rights with respect to electronic Retained Client Files; or (iii) the rights of the 

Chapter 7 Trustee to object to any such administrative expense claim or stay relief motion.

8. Based on the Debtor’s representation to this Court that it took reasonable steps to 

avoid the destruction of certain estate planning documents, such as wills, and intrinsically valuable 

documents, the Estate shall only be required to continue said process for the Retained Client Files 

located at the Estate’s Cox Road address. In the event the Chapter 7 Trustee does not receive a File 

Retrieval Form or Attorney Request for Client Files that include ongoing criminal defense matters 

or estate planning documents, the Chapter 7 Trustee shall be permitted to destroy such Retained

Client Files.

9. The Revised File Disposition Procedures do not violate any ethical or professional 

rules that would otherwise require a law firm outside of bankruptcy to retain copies of client files 

for a set number of years after a client’s file is closed.

10. The Chapter 7 Trustee is hereby authorized to rely on the Debtor’s books and 

records regarding the Retained Client Files. The Chapter 7 Trustee is further authorized and 

empowered to take all actions necessary to implement the relief granted in this Order.

11. The Chapter 7 Trustee, on behalf of the Estate, may assess and collect from former 

attorneys of the Debtor amounts related to the destruction costs of abandoned Retained Client 

Files. To the extent the Chapter 7 Trustee on behalf of the Estate assesses and seeks to collect any 

said amount (the “Collection Notice”), any such Collection Notice will advise the former attorney 

of the Debtor of the process to dispute the same by filing an objection with this Court within 14 

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days of the date of the Collection Notice.

12. Notwithstanding anything to the contrary in the File Disposition Order, the entry of 

this Court may occur without the need for any additional hearing.

13. This Court shall retain jurisdiction over any and all matters arising from or related

to the implementation or interpretation of this Order.

Dated: ______________________ ________________________________

United States Bankruptcy Judge

I ask for this:

/s/

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, Second Floor

Richmond, Virginia 23219

Telephone: (804) 783-8300

Facsimile: (804) 783-0178

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

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.

/s/

Counsel

Service List for Entered Order

Paula S. Beran, Esquire

Tavenner & Beran, PLC

20 North Eighth Street, Second Floor

Richmond, VA 23219

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