KUTAK ROCK LLP

Peter J. Barrett (VSB No. 46179)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

(804) 644-1700

Chapter 7 Trustee

4849-0016-8184.2

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: ) Chapter 7

)

DAVID WAYNE SCHNEIDER, )

)

Case No. 21-30347 (KLP)

)

Debtor. )

)

APPLICATION TO EMPLOY KUTAK ROCK LLP AS COUNSEL FOR THE TRUSTEE

Peter J. Barrett, Trustee for the Bankruptcy Estate of David Wayne Schneider (the 

“Trustee”), pursuant to 11 U.S.C. § 327 and Rule 2014 of the Rules of Bankruptcy Procedure, 

hereby requests this Court authorize the employment of Kutak Rock LLP (“Kutak Rock LLP”) as 

counsel for the Trustee and the estate of David Wayne Schneider (the “Debtor”) in the abovecaptioned case and in support thereof, states as follows:

Background 

1. On or about February 2, 2021 (the “Petition Date”), the Debtor filed for relief 

pursuant to Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§ 101, et seq. (the “Bankruptcy Code”).

2. Peter J. Barrett, Trustee (the “Trustee”) was appointed interim trustee and serves as 

Trustee in this case.

Basis for Relief

3. The Trustee requires the assistance of legal counsel to analyze and potentially 

pursue potential causes of action on behalf of the Trustee and to assist in the recovery and 

disposition of various assets. The engagement will consist primarily of the aforementioned duties, 

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however, if approved, Kutak Rock LLP may also provide services related to any other matters for 

which the Trustee believes legal representation is needed and all matters the Trustee may assign 

to proposed counsel.

Attorneys to be Engaged 

4. Due to the experience and expertise of its attorneys in bankruptcy, creditors’ rights, 

litigation and other matters similar to the issues presented in this Case, the Trustee seeks to employ 

the law firm of Kutak Rock LLP. The proximity of the attorneys at Kutak Rock LLP to the Trustee 

will permit a more efficient delivery of legal services and prompt communication with the Trustee, 

which should result in an economy of expenses to the estate and a corresponding increase in 

recovery for the estate.

5. The Trustee proposes to compensate Kutak Rock LLP for its services in accordance 

with Kutak Rock LLP’s normal billing practice, which is to record and bill the time of Kutak Rock 

LLP’s professionals at the Firm’s regular hourly rates for its partners, associates and paralegals. 

Generally, for engagements of this type in Virginia, the range of Kutak Rock LLP’s hourly rates 

are between $500 and $630 per hour for partners, $350 for associates, and $155 to $195 for 

paralegals. Kutak Rock LLP’s rates are reviewed, and when deemed appropriate, adjusted 

annually. Kutak Rock LLP will utilize paralegals from time to time where the tasks required can 

be accomplished by a paralegal with a corresponding reduction in the applicable hourly rate. The 

Trustee will also reimburse Kutak Rock LLP for its out-of-pocket expenses incurred in connection 

with the engagement proposed herein.

6. Subject to approval by the Court, this Application shall constitute the Trustee’s 

agreement to employ and compensate Kutak Rock LLP. The Trustee has advised Kutak Rock LLP

that its compensation will be in accordance with 11 U.S.C. § 330, in compliance with Rule 2016 

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of the Federal Rules of Bankruptcy Procedure (and any applicable Local Rules), and subject to the 

approval of this Court.

Legal Authority 

7. The Bankruptcy Code authorizes trustees to employ professionals to assist the 

trustee in completing the trustee’s duties in a case such as this one. Specifically, section 327(a) of 

the Bankruptcy Code provides, in pertinent part, as follows:

Except as otherwise provided in this section, the trustee, with 

the court’s approval, may employ one or more attorneys, 

accountants, appraisers, auctioneers, or other professional 

persons, that do not hold or represent an interest adverse to 

the estate, and that are disinterested persons, to represent or 

assist the trustee in carrying out the trustee’s duties under 

this title.

11 U.S.C. § 327(a). In addition, section 327(d) of the Bankruptcy Code provides:

The court may authorize the trustee to act as attorney or 

accountant for the estate if such authorization is in the best 

interest of the estate.

11 U.S.C. § 327(d). Accordingly, the Trustee asserts that the relief requested is supported by 

applicable law and is in the best interest of the estate.

Disinterestedness 

8. Except as described herein, the Trustee believes that Kutak Rock LLP does not 

have any connections with the Debtors, creditors, or any other party in interest or their respective 

attorneys and accountants that would prevent Kutak Rock LLP from being a “disinterested person” 

within the meaning of § 101(14) of the Bankruptcy Code. Filed contemporaneously herewith as 

Exhibit A hereto is the Verified Statement of Kutak Rock LLP attesting to the status, condition 

and/or exceptions to any of these connections.

9. The Trustee understands that Kutak Rock hereby intends to apply to the Court for 

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4849-0016-8184.2

allowance of compensation and reimbursement of expenses in accordance with the applicable 

provisions of the Bankruptcy Code, the Bankruptcy Rules, the Local Bankruptcy Rules, and any 

orders of this Court for all services performed and expenses incurred after the Petition Date.

Notice 

10. Notice of this Application has been given to the parties listed on the attached 

Certificate of Service. The Trustee submits that no other or further notice is required.

WHEREFORE, the Trustee hereby requests that this Court (i) enter an order substantially 

in the form of the order attached hereto as Exhibit B granting the Trustee’s request to employ 

Kutak Rock LLP as counsel and (ii) grant such other relief concerning this Application as may be 

appropriate.

PETER J. BARRETT, TRUSTEE

/s/ Peter J. Barrett 

Peter J. Barrett (VA 46179)

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Peter.Barrett@kutakrock.com

Chapter 7 Trustee

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CERTIFICATE OF SERVICE

I hereby certify that on August 30, 2021, a true and correct copy of foregoing document 

was sent by first-class mail, postage prepaid, and/or electronic delivery to all parties receiving 

electronic notification and to:

Shannon Pecoraro

Office of the United States Trustee

701 East Broad Street, Suite 4304

Richmond, VA 23219

shannon.pecoraro@usdoj.gov

James E. Kane

Kane & Papa, PC

1313 East Cary Street

P.O. Box 508

Richmond, VA 23218-0508

Counsel for the Debtor

/s/ Peter J. Barrett

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4849-0016-8184.2

EXHIBIT A

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KUTAK ROCK LLP

Peter J. Barrett (VSB No. 46179)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

(804) 644-1700

Chapter 7 Trustee

4849-0016-8184.2

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: ) Chapter 7

)

DAVID WAYNE SCHNEIDER, )

)

Case No. 21-30347 (KLP)

)

Debtor. )

)

VERIFIED STATEMENT OF KUTAK ROCK LLP

1. The undersigned hereby verifies under penalty of perjury that Kutak Rock LLP 

(“Kutak Rock” or the “Firm”) does not have any connection with the above-captioned debtor, 

David Wayne Schneider (the “Debtor”), any creditor or other party in interest, their respective 

attorneys and accountants, the United States Trustee or any person employed in the Office of the 

United States Trustee, except that Kutak Rock may represent creditors in matters unrelated to the 

Debtor or this case and that the Chapter 7 Trustee in the Debtor’s case is a partner with Kutak 

Rock.

2. More specifically, as set forth herein, Kutak Rock and certain of its partners, 

counsel and associates have worked with, may currently work with and likely in the future will 

work with certain of the Debtors’ creditors and other parties in interest in ongoing matters 

unrelated to this bankruptcy case. To the best of my knowledge, none of these business relations 

constitute interests materially adverse to the Debtor or the bankruptcy estate.

3. In order to confirm that Kutak Rock does not represent an adverse interest, Kutak 

Rock has searched on its electronic database for connections with the persons and entities listed 

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4849-0016-8184.2

on Schedule 11 hereto, which represent the Debtor’s principal creditors and other parties in interest 

in this Bankruptcy Case. Further, Schedule 2 attached hereto identifies certain creditors, equity 

holders or other parties in interest that Kutak Rock currently represents or has represented within 

the past five years. Unless identified on Schedule 2 or otherwise described herein, to the best of 

available knowledge, Kutak Rock does not currently represent and has not represented within the 

past five years the parties listed on Schedule 1 as of the date of the filing of this Application.

4. In addition, upon review, there is no indication that the employees of Kutak Rock 

are related to any United States District Court Judges for the Eastern District of Virginia, United 

States Magistrate Judges for the Eastern District of Virginia, United States Bankruptcy Judges for 

the Eastern District of Virginia, the U.S. Trustee with supervision over the Eastern District of 

Virginia, or any attorneys employed in the Richmond office of the U.S. Trustee for the Eastern 

District of Virginia.

5. Kutak Rock will periodically review its files during the pendency of this 

Bankruptcy Case to ensure that no new connections arise that warrant disclosure. If any new 

relevant facts or relationships are identified, Kutak Rock will promptly file a supplemental 

declaration with this Court, as required by Bankruptcy Rule 2014(a).

6. As of the filing of the Application, the Firm is not aware of any such representations 

except as disclosed on Schedule 2 or otherwise described herein. Kutak Rock has not represented, 

is not representing, and will not represent any entities or any of their respective affiliates in 

connection with any matters that are related to the Debtors or this bankruptcy case. In the event 

that any litigation or other actual adversity arises in this bankruptcy case vis-à-vis any one of these 

1 The Firm’s inclusion of parties in the following schedules is solely to illustrate its conflict search process and is 

not an admission that any party has a valid claim against the Debtor or that any party properly belongs in the 

schedules or has a claim or legal relationship to the Debtor of the nature described in the schedules.

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entities, other counsel may be engaged to represent the Trustee in connection with such litigation 

or actual adversity if necessary. Moreover, pursuant to section 327(c) of the Bankruptcy Code, 

Kutak Rock is not disqualified from acting as the Trustee’s bankruptcy counsel merely because it 

represents certain of the Debtor’s creditors or other parties in interest in matters unrelated to this 

bankruptcy case.

7. The foregoing constitutes the statement of Kutak Rock pursuant to section 327(a) 

of the Bankruptcy Code, Bankruptcy Rules 2014 and 2016, and Local Bankruptcy Rules 2014-1 

and 2016-1.

KUTAK ROCK LLP

/s/ Jeremy S. Williams

Its Partner

Jeremy S. Williams (VSB No. 77469)

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Jeremy.Williams@kutakrock.com

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4849-0016-8184.2

SCHEDULE 1

List of Creditors and Other Parties in Interest Searched

Aaron Evans

Atlantic Union Bank

Boulders Ambulatory Surgery

Call Federal

Call Federal Credit Union

Callfedc/u

Capital One

Capital One Auto Finance

Capital One Auto Finance, a division of AIS Portfolio Services, LP

Capital One Auto Finance, a division of Capi

Citibank North America

Citibank/Exxon Mobile

City of Richmond

Comenity Bank/Buckle

Commonwealth Anesthesia

Credit First National Association

Credit One Bank

David Bryson

David Wayne Schneider

Decision One Mortgage

Department of the Treasury – IRS – Internal Revenue Service

Deutsche Bank National Trust Company, as Tru

Discover Financial

Estate of Shirley Nesmith

Gilliam & Mikula, PLLC

Honda Financial Services

Internal Revenue Service

Internal Revenue Service Centralized Insolvency Operati

James E. Kane

John P. Fitzgerald, III

John Schneider

June Moore

Kane & Papa, PC

Kutak Rock LLP

Lafayette Ayers & Whitlock

Loanme

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4849-0016-8184.2

M&T Bank

Mariner Finance

Mercury/FBT

Midland Fund

Moore Loans

Myrna Schneider

NetCredit

Office of the U.S. Trustee

Office of the United States Attorney

Ortho Virginia

Peter J. Barrett

Razor Capital

Receivable Management Inc

Resurgent Capital Services

Richmond Commonwealth Attorney

Select Portfolio Servicing, Inc

Shirley Nesmith

SublettPearson PLC

Syncb/PPC

Syncb/Wal-mart

Synchrony Bank

Synchrony Bank/Lowes

Transworld Systems Inc

United States Bankruptcy Court

Virtuoso

Washington DC CCU

Waypoint Resource Group

Wells Fargo Home Mortgage

Wood & Wood

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4849-0016-8184.2

SCHEDULE 2

Kutak Rock Disclosures

Conflict Search Results

Name of Entity Searched Name of Entity and/or 

Affiliate of Entity that is a 

Kutak Rock LLP Client

Status Nature of Representation

Atlantic Union Bank Atlantic Union Bank Current Representation of client in unrelated matters

Deutsche Bank Deutsche Bank AG

Deutsche Bank National

Trust Company

Deutsche Bank Securities,

Inc.

Deutsche Bank AG, New

York Branch

Current

Former

Current

Current

Representation of client in unrelated matters

Representation of client in unrelated matters

Representation of client in unrelated matters

Representation of client in unrelated matters

Capital One Capital One Financial 

Corporation 

Capital One Public 

Funding, LLC

Capital One, NA

Capital One, Na. Corporate 

Finance

Capital One, NA Dealer 

Financing

Capital One, NA Franchise 

Finance

Current

Current

Former

Current

Current

Current

Representation of client in unrelated matters

Representation of client in unrelated matters

Representation of client in unrelated matters

Representation of client in unrelated matters

Representation of client in unrelated matters

Representation of client in unrelated matters

M&T Bank M&T Bank Current Representation of client in unrelated matters

Select Portfolio Servicing Select Portfolio Servicing, 

Inc.

Current Representation of client in unrelated matters

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4849-0016-8184.2

EXHIBIT B

Proposed Order

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KUTAK ROCK LLP

Peter J. Barrett (VSB No. 46179)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

(804) 644-1700

Chapter 7 Trustee

4849-0016-8184.2

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: ) Chapter 7

)

DAVID WAYNE SCHNEIDER, )

)

Case No. 21-30347 (KLP)

)

Debtor. )

)

ORDER GRANTING APPLICATION TO EMPLOY KUTAK ROCK LLP 

AS COUNSEL FOR THE TRUSTEE

This matter came before the Court upon the Application to Employ Kutak Rock LLP as 

Counsel for the Trustee (the “Application”) filed by Peter J. Barrett, Trustee for the Bankruptcy 

Estate of David Wayne Schneider (the “Trustee”), pursuant to 11 U.S.C. § 327 and Rule 2014 of

the Federal Rules of Bankruptcy Procedures; and it appearing that the relief requested in the 

Application is appropriate and the good cause otherwise exists to grant the relief provided for 

herein, it is hereby ORDERED, ADJUDGED AND DECREED THAT:

1. The Application is approved.

2. Kutak Rock LLP is authorized to serve as counsel for the Trustee.

3. Kutak Rock LLP shall be compensated in accordance with 11 U.S.C. § 330 and 

Rule 2016 of the Federal Rules of Bankruptcy Procedure and the approval of the Court.

4. No further service of this Order is required as all necessary parties shall receive 

service via CM/ECF.

Dated: _______________ __________________________________________

Richmond, Virginia UNITED STATES BANKRUPTCY JUDGE

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4849-0016-8184.2

I ask for this:

/s/ Peter J. Barrett

Peter J. Barrett (VA 46179)

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Peter.Barrett@kutakrock.com

Chapter 7 Trustee

Seen and No Objection:

___________________________________

Shannon Pecoraro (VA 46864)

Office of the U.S. Trustee

701 East Broad Street 

Suite 4304 

Richmond, Virginia 23219

Trial Attorney

CERTIFICATION OF ENDORSEMENT

UNDER LOCAL BANKRUPTCY RULE 9022-1(C)

Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing proposed 

order has been endorsed by or served upon all necessary parties.

/s/ Peter J. Barrett

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SERVICE LIST

Shannon Pecoraro

Office of the United States Trustee

701 East Broad Street, Suite 4304

Richmond, VA 23219

James E. Kane

Kane & PaPa, PC

1313 East Cary Street

P.O. Box 508

Richmond, VA 23218-0508

Counsel for the Debtor

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