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,1 19-34574-KRH 

 

 Debtor Chapter 

 7 

 

ORDER TERMINATING THE APPOINTMENT OF AMERICAN 

LEGAL CLAIMS SERVICES, LLC AS CLAIMS AND NOTICING AGENT 

This matter coming before the Court on the above-captioned Debtor and Debtor-inpossession’s Motion of LeClairRyan PLLC for Entry of an Order Establishing Certain Notice, 

Case Management, and Administrative Procedures (the “Motion”), 2 ECF No. 68, for entry of an 

order authorizing and approving the retention and employment of American Legal Claims 

Services, LLC (“ALCS”) by the Debtor, whereby the Debtor sought the appointment of ALCS 

as claims, noticing, and balloting agent in the Debtor’s chapter 11 case effective as of September 

5, 2019 on terms and conditions set forth in the Services Agreement and upon the Order 

Authorizing the Appointment of American Legal Claims Services, LLC as Claims and Noticing 

Agent (the “Order”), ECF No. 131. 

 

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 used but not otherwise defined herein shall have the meanings given to them in the Motion. 

Case 19-34574-KRH Doc 254 Filed 11/22/19 Entered 11/22/19 14:36:21 Desc Main

 Document Page 1 of 5
2 

The Court finds that (i) it has jurisdiction over the matters raised in the Motion 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 Motion was previously in the best interest of the Debtor, its estate, 

and its creditors during the Chapter 11 case; and (iv) proper and adequate notice of the Motion 

and the opportunity for a hearing thereon was given under the particular circumstances and that 

no other or further notice is necessary. 

The Court further finds that (i) Paragraph 16 of the Order provided: 

If this chapter 11 case converts to a case under chapter 7 of the Bankruptcy Code, 

ALCS will perform its duties through the conversion process as required, 

provided however, that ALCS may be relieved of its duties should there be 

insufficient funds in such chapter 7 case to enable the chapter 7 trustee to pay 

ALCS’s fees and expenses 

Order at ¶ 16; (ii) upon the conversion of the case to a case under Chapter 7 of Title 11 of the 

United States Code (the “Chapter 7 Case”), Lynn L. Tavenner was appointed interim trustee 

(the “Chapter 7 Trustee”), and no trustee having been elected at the meeting of creditors, she 

continues to serve as trustee; (iii) upon the conversion to the Chapter 7 Case, the Office of the 

United States Trustee did not consent to the Chapter 7 Trustee’s use of property of the estate to 

pay for any services of ALCS in the Chapter 7 Case; and (iv) good and sufficient cause exists for 

granting of the relief set forth herein. Therefore, 

 IT IS HEREBY ORDERED THAT: 

1. Pursuant to paragraph 16 of the Order, ALCS is hereby terminated and relieved of 

all duties under the Services Agreement except as expressly provided herein. 

2. ALCS is terminated as agent for the Office of the Clerk of the Court.

Case 19-34574-KRH Doc 254 Filed 11/22/19 Entered 11/22/19 14:36:21 Desc Main

 Document Page 2 of 5
3 

3. Notwithstanding any Bankruptcy Rule (including, but not limited to, Bankruptcy 

Rule 6004(h)) or Local Bankruptcy Rule that might otherwise delay the effectiveness of this 

Order, the terms and conditions of this Order shall be immediately effective and enforceable 

upon its entry.

4. The Trustee on behalf of the Estate and ALCS are authorized and empowered to 

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

5. ALCS shall coordinate with the Clerk of Court regarding the transfer of all 

claims, interests, and registers to the Clerk of the Court. Within 7 days of the later of (a) the 

entry of this Order or (b) a receipt of a proof of claim or interest, ALCS shall transmit to the 

Clerk of Court any and all proofs of claim or interests it has received. Furthermore, within 7 days 

of the entry of this Order, ALCS shall transmit to the Clerk of Court, Attn: David Rabenda, 

Division Manager, United States Bankruptcy Court, 701 East Broad Street, Suite 4000, 

Richmond, Virginia 23219 the following: 

a. a PDF copy of the proofs of claim and interests on USB flash drive; 

b. a searchable listing of the proofs of claim, sorted by claim number; 

c. a searchable listing of the proofs of claim sorted by creditor name; 

d. a searchable listing of the proofs of interest, sorted by interest number; and 

e. a searchable listing of the proofs of interest, sorted by holder’s name. 

To the extent that ALCS is without sufficient funds in its Retainer to pay for these items, ALCS 

shall be allowed to seek as an administrative expense in the Chapter 7 Case for amounts incurred 

in connection with the delivery of the items referenced in this Paragraph 5. 

Case 19-34574-KRH Doc 254 Filed 11/22/19 Entered 11/22/19 14:36:21 Desc Main

 Document Page 3 of 5
4 

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

to the implementation or interpretation of this Order.

DATED: November 22, 2019 /s/ Kevin R. Huennekens 

 UNITED STATES BANKRUPTCY JUDGE 

I ask for this: 

/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, Second Floor 

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Facsimile: (804) 783-0178 

Counsel for Lynn L. Tavenner, Chapter 7 Trustee 

Seen and No Objection: 

/s/ Robert B. Van Arsdale (Permission to affix signature received via email dated 11/14/2019)

Robert B. Van Arsdale, Esquire 

Office of the United States Trustee 

701 East Broad Street, Suite 4304 

Richmond, Virginia 23219 

Telephone: (804) 771-8004 

Assistant United States 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/ Paula S. Beran 

Counsel for Lynn L. Tavenner, Chapter 7 Trustee 

Entered on Docket: Nov 22 2019

Case 19-34574-KRH Doc 254 Filed 11/22/19 Entered 11/22/19 14:36:21 Desc Main

 Document Page 4 of 5
5 

Service List for Entered Order 

Paula S. Beran, Esquire 

Tavenner & Beran, PLC 

20 North 8th Street, Second Floor 

Richmond, Virginia 23219 

Jeffrey Pirrung, Managing Director 

American Legal Claims Services, LLC 

8021 Philips Highway, Ste 1 

Jacksonville, FL 32256 

Case 19-34574-KRH Doc 254 Filed 11/22/19 Entered 11/22/19 14:36:21 Desc Main

 Document Page 5 of 5