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 MOTION OF R.F. TECHNOLOGIES, INC. AND 

ROBERT NOORIAN FOR LIMITED RELIEF FROM THE AUTOMATIC STAY

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 (the “Estate”) of LeClairRyan 

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

hereby files this response (the “Response”) to the Motion for Limited Relief from the Automatic 

Stay (the “Motion for Relief”), ECF No. 253, filed by R.F. Technologies, Inc. (“RFT”) and Robert 

Noorian (“Noorian” and together with RFT, “Movants”) 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 

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.

Case 19-34574-KRH Doc 273 Filed 12/04/19 Entered 12/04/19 10:31:56 Desc Main

 Document Page 1 of 4
2

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 Court denied the Motion to Convert. Per agreement between the Debtor, 

the United States Trustee, and ABL Alliance, LLLP, the Debtor’s Case was converted to a case 

under Chapter 7 of the Bankruptcy Code on October 4, 2019.

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 November 21, 2019, the Movants filed their Motion for Relief. On November 

22, 2019, Movants filed their Corrected Statement Motion for Limited Relief from the Automatic 

Stay (with the Motion for Relief, the “Motion for Relief”).

5. In the Motion for Relief, Movant seek “relief for the sole purpose of permitting the 

parties in the RFT Lawsuit to complete a settlement reached before the Debtor filed for bankruptcy 

protection. The Debtor’s payment under the Settlement Agreement will be fully funded by the 

Debtor’s malpractice liability insurance.” Motion for Relief at ⁋ 13.

Response

6. The Trustee does not object to the relief sought in the Motion for Relief provided 

the same does not impact the Estate or property thereof. Furthermore, the Trustee does not object 

to the relief sought based upon (a) information received from the Debtor’s former employees, 

management, and/or professionals that there is insurance coverage for amounts sought; and (b) 

Movant’s representations that (i) the relief they seek will require no significant expense from the 

Case 19-34574-KRH Doc 273 Filed 12/04/19 Entered 12/04/19 10:31:56 Desc Main

 Document Page 2 of 4
3

Estate and (ii) they will agree to reasonable language in a consent order addressing the Trustee’s 

concerns related to the same. And, the Trustee respectfully requests that any order entered grating 

the relief sought in the Motion for Relief provide that neither the Trustee nor the LeClairRyan 

Estate have any future obligations of any sort.

7. Paragraphs 4 and 5 of the proposed Order Granting Motion for Limited Relief from 

the Automatic Stay (the “Proposed Order”), ECF No. 253-1, attached to the Motion for Relief

provide as follows:

4. Notwithstanding anything to the contrary herein or in the Motion, (a) the 

relief granted herein shall not alter, impair, and/or otherwise impact property of the 

Estate; (b) the Estate shall not be required to incur any significant cost or expense 

as it relates to the relief granted herein; and (c) neither the Trustee nor the Estate 

shall have any future obligation of any sort with respect to the settlement of the 

RTF Litigation absent further order of this Court.

5. In the event the Plaintiffs are unable to recover the full amount they are 

owed as a result of the settlement of the RTF Litigation from sources other than 

property of the Estate, and to the extent the Plaintiffs desire to pursue additional 

amounts from the Estate, the Plaintiffs shall pursue any such claims only in 

accordance with the claims procedures established in this case for general 

unsecured creditors.

8. Given said language, the Trustee does not object to the limited relief sought in the 

Motion for Relief so long as the Movants obtain the Trustee’s endorsement on the Proposed Order 

before the same is tendered to the Court.

WHEREFORE, the Trustee respectfully requests the that Court not grant the relief 

requested in the Motion for Relief unless it contains (a) the language contained in paragraphs 4 

and 5 of the Proposed Order and (b) the Trustee’s endorsement.

Case 19-34574-KRH Doc 273 Filed 12/04/19 Entered 12/04/19 10:31:56 Desc Main

 Document Page 3 of 4
4

Respectfully submitted,

LYNN L. TAVENNER, CHAPTER 7 TRUSTEE

Dated: December 4, 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 4th day of December 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

MICHAEL WILSON PLC

Michael G. Wilson, Esquire

PO Box 6330

Glen Allen, VA 23058

mike@mgwilsonlaw.com

Counsel to Movants

/s/ Paula S. Beran

Paula S. Beran, Esquire

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

Case 19-34574-KRH Doc 273 Filed 12/04/19 Entered 12/04/19 10:31:56 Desc Main

 Document Page 4 of 4