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

CHAPTER 7 TRUSTEE’S MOTION FOR AN ORDER 

ESTABLISHING PROCEDURES FOR THE SALE OF MISCELLANEOUS 

ASSETS AND MEMORANDUM IN SUPPORT THEREOF

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”), by counsel, hereby moves (the “Motion”) this Court for 

entry of an order, pursuant to §§ 105 and 363 of the Bankruptcy Code, 11 U.S.C. §§ 101-1532 (as 

amended, the “Bankruptcy Code”), authorizing and approving procedures by which, without the 

need for further Court approval, the Trustee may consummate, free and clear of liens, claims, and 

encumbrances certain sales of miscellaneous Estate assets of limited value, and in support of this 

Motion, the Chapter 7 Trustee respectfully represents 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.

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JURISDICTION

1. The United States Bankruptcy Court for the Eastern District of Virginia (the 

“Court”) has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Standing 

Order of Reference from the United States District Court for the Eastern District of Virginia, dated 

August 15, 1984.

2. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2).

3. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409.

BACKGROUND

4. On September 3, 2019 (the “Petition Date”), the Debtor filed for relief under 

Chapter 11 of the Bankruptcy Code. Pursuant to §§ 1007 and 1108 of the Bankruptcy Code, the 

Debtor operated as a debtor-in-possession.

5. On the Petition Date, the Debtor filed its Omnibus Motion for Entry of an Order 

Authorizing LeClairRyan PLLC to (I) Reject Unexpired Leases and (II) Abandon Certain Property 

in Conjunction with Such Rejection, ECF No. 18, which motion included a request to abandon 

certain personal property (the “Initial Abandonment”). On September 12, 2019, the Debtor filed 

its Second Omnibus Motion for Entry of an Order Authorizing LeClairRyan PLLC to (I) Reject 

Unexpired Leases and (II) Abandon Certain Property in Conjunction with Such Rejection, ECF 

No. 69, which motion also included a request to abandon certain personal property (together with

the Initial Abandonment, the “Abandonment”). On September 27, 2019, the Court entered the 

Order Authorizing LeClairRyan PLLC to (I) Reject Unexpired Leases and (II) Abandon Certain 

Property in Conjunction with Such Rejection, ECF No. 132, and Second Order Authorizing 

LeClairRyan PLLC to (I) Reject Unexpired Leases and (II) Abandon Certain Property in 

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Conjunction with Such Rejection, ECF No. 135 (collectively the “Rejection Orders”), which 

Rejection Orders authorized the Abandonment. 

6. 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. 

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

(the “Lender”), the Debtor’s Case was converted to a case under Chapter 7 of the Bankruptcy 

Code on October 4, 2019 (the “Conversion Date”).

7. 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.

8. On the Conversion Date, the Chapter 7 Trustee filed the Trustee’s Motion for Use 

of Cash Collateral and Grant of Adequate Protection Related Thereto and Memorandum in 

Support Thereof (the “Cash Collateral Motion”). ECF No. 143. As indicated in the Cash 

Collateral Motion, the Lender has agreed that the Chapter 7 Trustee, on behalf of the Estate, may 

use under certain terms and conditions cash collateral to pay delineated expenses related to the 

Wind-down Operations (as hereafter defined). The Cash Collateral Motion has been granted on an 

interim basis pursuant to certain interim orders, ECF Nos. 151, 191, and 255 (collectively, as well 

as all subsequent orders, the “Cash Collateral Order”).

9. On the Conversion Date, the Chapter 7 Trustee also filed her Motion for Immediate 

Authority to Operate Certain Aspects of Debtor’s Business for a Limited Period and to Shorten 

Notice Thereof, and Memorandum in Support Thereof (the “Operation Motion”), ECF No. 144, 

in which she requested the immediate authority to operate the Wind-down Operations (as hereafter 

defined) to preserve the value of the Estate. Also on the Conversion Date, the Court entered the 

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Interim Order Authorizing Trustee to Operate Certain Aspects of Debtor’s Business for a Limited 

Period, ECF No. 155, granting the Immediate Authority sought in the Operation Motion, which 

authority was extended by Supplemental Order Authorizing Trustee to Continue to Operate 

Certain Aspects of Debtor’s Business for a Limited Period, ECF No. 196.

RELIEF REQUESTED

10. Given the Abandonment that occurred pursuant to the Rejection Orders, the Trustee 

understood that there was no physical personal property remaining as of the Conversion Date. 

However, the Trustee has discovered that there is a small amount of miscellaneous personal 

property, such as office furniture, printers, other office equipment, and supplies, that remains.

11. Given that the Estate owns this small amount of excess, unused and/or underutilized 

assets, in conjunction with administering the Estate, the Chapter 7 Trustee has determined that it 

is in the best interests of the Estate to streamline the sales procedures for miscellaneous individual 

assets that are valued at $5,000.00 or less.

12. In accordance with the Miscellaneous Sales Procedures as hereafter defined, the

Chapter 7 Trustee plans to sell such assets at prices not less than the assets’ orderly liquidation 

values less any administrative cost of carrying the same. In instances where the Chapter 7 Trustee 

proposes to sell individual assets for which appraisals have not been, or will not be, obtained, the 

Chapter 7 Trustee shall use as benchmarks (a) a specific asset’s net book value; (b) other applicable 

market value per various internet websites; or (c) other mechanisms to measure liquidation value.

While the Chapter 7 Trustee envisions that the proposed sale price for assets sold pursuant to this 

Motion will not be less than ordinary liquidation value for the specific assets, if the Chapter 7 

Trustee believes that acceptance of a lesser purchase price is, in the exercise of her business 

judgment and discretion, in the best interest of the Estate, the Chapter 7 Trustee will request 

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5

approval of such sale in accordance with the Miscellaneous Sales Procedures hereafter defined.

13. Sales pursuant to this Motion will be relatively small, if not de minimus, in 

comparison to the scope of the Estate’s total assets. Nevertheless, said sales may constitute 

transactions that ordinarily would require Court approval pursuant to § 363(b)(1) of the 

Bankruptcy Code.

14. Requiring Court approval of each such miscellaneous transaction would be

administratively burdensome to the Court and costly to the Estate, especially when viewed in the 

context of the relative size of the transactions. Therefore, to minimize the burdens and costs, the 

Chapter 7 Trustee hereby seeks the approval of the procedures described herein regarding the

miscellaneous transactions falling within the described parameters (the “Miscellaneous Sales

Procedures”). The Chapter 7 Trustee proposes to utilize the Miscellaneous Sales Procedures to 

obtain more expeditious and cost-effective review by interested parties, in lieu of Court approval, 

of the types of transactions described below. With regard to asset sale transactions that are not 

subject to the Motion, the Chapter 7 Trustee intends to request Court approval of such transactions 

on an individual basis pursuant to the procedures prescribed under § 363(b)(1) of the Bankruptcy 

Code.

THE PROPOSED MISCELLANEOUS SALES PROCEDURES

Transactions to Which the Sales Procedures Will Apply

15. The Miscellaneous Sales Procedures will apply to transactions involving proposed 

sales of any asset with a value of $5,000.00 or less. The value shall be determined by reference to 

any appraisal that the Estate has, or the “net book value” of any such asset to be sold, or by the 

Chapter 7 Trustee’s exercise of her sound business judgment after reasonable due diligence.

Notice and Opportunity to Object

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16. After the Chapter 7 Trustee receives an acceptable offer contemplating a transaction 

that is subject to the Miscellaneous Sales Procedure (a “Proposed Transaction”), the Chapter 7 

Trustee will serve a notice of a Proposed Transaction (the “Transaction Notice”) by overnight

service or electronic mail upon a) the Office of the United States Trustee (the “U.S. Trustee”); b) 

the Debtor’s known secured lenders including but not limited to the Lender; and c) all parties

holding (or, to the Chapter 7 Trustee’s knowledge, asserting) liens on, or other interests in, the 

assets that are the subject of the Proposed Transaction (the “Lienholders” and each a 

“Lienholder”) (collectively, the “Interested Parties”).

17. The Transaction Notice will include the following information regarding the

Proposed Transaction:

a) A description of the asset that is the subject of the Proposed Transaction and 

its location;

b) The identity of the non-debtor party or parties to the Proposed Transaction

and any relationships of the party or parties with the Chapter 7 Trustee;

c) The identities of any parties holding liens on or other interests in the asset;

d) The major economic terms and conditions of the Proposed Transaction;

e) Any cost to be charged against the sale proceeds; and

f) Instructions consistent with the procedures set forth below regarding 

potential objections to the Proposed Transaction.

16. Interested Parties will have three (3) business days from service of the Transaction 

Notice (the “Notice Period”) to object to the Proposed Transaction, pursuant to the objection 

procedures herein. If no objections are filed prior to the expiration of the Notice Period, the 

Interested Parties, including the Lienholders, by their silence will be deemed to have consented to 

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the Proposed Transaction and such Proposed Transaction, will be deemed final and fully 

authorized by the Court, at which time the Chapter 7 Trustee may proceed to consummate such 

sale. Furthermore, to the extent deemed appropriate or advisable to assist in the closing of any 

Proposed Transaction, the Chapter 7 Trustee may submit an order or series of orders authorizing 

the sale of any or all of the sales (even though the requirement of any such orders is waived) which 

order(s) need be entered only by counsel to the Chapter 7 Trustee.

17. Further, the Chapter 7 Trustee may consummate a Proposed Transaction prior to 

expiration of the applicable Notice Period if the Trustee obtains each Interested Party’s written 

consent to the Proposed Transaction.

18. Any objections to a Proposed Transaction must be (a) in writing, (b) state with

specificity the ground for objection, (c) served by overnight or electronic mail on the Interested 

Parties and counsel to the Chapter 7 Trustee so as to be received prior to the expiration of the

Notice Period, and (d) filed with the Court prior to the expiration of the Notice Period. If an

objection to a Proposed Transaction is properly filed and served, then the Proposed Transaction

may not proceed absent (a) withdrawal of the objection or (b) entry of an order of the Court

specifically approving the Proposed Transaction.

19. Thereafter, the objecting party and the Chapter 7 Trustee shall attempt to resolve 

the objection on a consensual basis. If the parties are unable to reach a resolution of the objection, 

the Court will consider the Proposed Transaction and the objection at the next scheduled Omnibus 

Hearing (as proposed and defined in the Order Establishing Certain Notice, Case Management 

and Administrative Procedures (the “Case Management Order”), ECF No. 38, or at such other 

date permitted by the Court. Within three days prior to any such hearing, the objecting party shall 

notify a) the Court; b) the U.S Trustee, c) counsel for the Debtor’s known secured creditors; d) 

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Lienholders, if any; and e) counsel for the Chapter 7 Trustee of the intent to pursue the objection 

at such hearing or counsel for the Chapter 7 Trustee shall notify the Court, the U.S. Trustee, and 

counsel for the objecting party of her intent to request approval of the Proposed Transaction at 

such hearing.

Effects of Sale

20. All buyers will take assets sold by the Chapter 7 Trustee pursuant to the 

Miscellaneous Sales Procedures “as is” and “where is,” without any representation or warranties 

from the Debtor as to the quality or fitness of such assets for either its intended or any particular 

purposes. Buyers, however, will take title to the assets free and clear of liens, claims, encumbrances 

and other interests, pursuant to § 363(f) of the Bankruptcy Code.

21. Any existing liens, claims, encumbrances, and other interests will attach to the net

proceeds of any sale pursuant to the Miscellaneous Sales Procedures. Sale proceeds received by

the Chapter 7 Trustee in connection with any sale pursuant to the Miscellaneous Sales Procedures

will be placed in the Estate’s operating account to be used consistent with the Cash Collateral order 

or as otherwise ordered by the Court.

BASIS FOR RELIEF

22. Section 363(b)(1) of the Bankruptcy Code provides “The Trustee, after notice and 

a hearing, may use, sell, or lease, other than in the ordinary course of business, property of the 

estate.” Section 105(a) of the Bankruptcy Code provides in relevant part “[t]he Court may issue 

any order, process, or judgment that is necessary or appropriate to carry out the provisions of this 

title. 11 U.S.C. § 105(a).

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23. A sale of assets of a debtor should be authorized pursuant to § 363 of the

Bankruptcy Code if a sound business purpose exists for doing so. See, e.g., Stephens Indus., Inc. 

v. McClung, 789 F.2d 386, 390 (6th Cir. 1986); In re Lionel Corp., 722 F.2d 1063 (2d. Cir. 1983).

24. In this Case, the Chapter 7 Trustee submits that adequate business justification 

merits judicial approval of the Miscellaneous Sales Procedures. Unless the miscellaneous assets 

are sold, the Estate will be burdened with the costs of maintaining them, which will be a continuing 

cash drain upon the estate. Requiring Court approval of each such miscellaneous transaction would 

be administratively burdensome to the Court and costly to the Estate, especially when viewed in 

the context of the relative size of the transactions. Accordingly, a sale of the miscellaneous assets 

in accordance with the Miscellaneous Sales Procedures will be a benefit to the Estate and the 

Debtor’s creditors.

25. Bankruptcy Rule 2002(a)(2) requires that notice of a sales or lease motion be

provided at least twenty-one (21) days prior to the proposed use, “unless the court for cause shown

shortens time or directs another method of giving notice.” Fed. R. Bankr. P. 2002(a)(2); see also

Fed. R. Bankr. P. 9006(c). These notice and hearing requirements of § 363(b)(1) are met if the 

notice and opportunity for hearing that are given are appropriate in the particular circumstances. 

See 11 U.S.C. § 102(1)(A) (defining “after notice and a hearing”). Moreover, courts are authorized 

to limit notice of sales and uses of property outside of the ordinary course of the debtor’s business, 

even without a prior showing of cause, to any official committee appointed under § 1102 of the 

Bankruptcy Code and any creditor or equity holder requesting notice. Fed. R. Bankr. P. 2002(i).

26. When determining whether notice is appropriate under the circumstances for

purposes of § 102(1)(A) of the Bankruptcy Code, it is “guided by fundamental notions of

procedural due process.” In re Lomas Fin. Corp., 212 B.R. 46, 54 (Bankr. D. Del. 1997). Due

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10

process “requires that any notice is ‘reasonably calculated, under all the circumstances, to apprise 

interested parties of the pendency of the action and afford them an opportunity to present its 

objections’” Id. (quoting Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314

(1950)); In re Grand Union Co., 204 B.R. 864, 871 (Bankr. D. Del. 1997).

27. To permit the timely purchase of valuable but relatively small-value assets and to 

maximize such value, the Trustee seeks the adoption of the Miscellaneous Sales Procedures. The 

Chapter 7 Trustee believes that these procedures will accommodate the orderly and timely 

consummation of such transactions, and that under the circumstances the usual process of 

obtaining Court approval of each transaction that would be the subject of the Miscellaneous Sales 

Procedures will be unnecessarily burdensome on the Court and the Estate. Moreover, the Chapter 

7 Trustee believes that the usual sale process pursuant to Bankruptcy Code § 363 may hinder the 

Chapter 7 Trustee’s ability to take advantage of sale opportunities that may be available only for 

a limited time. Therefore, the Chapter 7 Trustee proposes to streamline the process and shorten the

applicable notice periods as proposed herein.

28. The Interested Parties represent the key parties in interest who should receive notice 

of any Proposed Transaction, in light of (a) their duties relating to the Chapter 7 case (the U.S. 

Trustee), or (b) their interests in the assets at issue (the Lienholders). The shortened notice 

provisions of the Miscellaneous Sales Procedure will make the transaction consummation process 

as efficient as possible, while preserving fully the rights of Interested Parties. Hence, the limiting 

of service of the Transaction Notices to the Interested Parties is justified under the circumstances.

29. Moreover, sales outside the ordinary course of business may be authorized without 

an actual hearing if no party in interest timely requests an actual hearing. 11 U.S.C. § 102(1)(B)(i). 

As due process is satisfied if parties are given “an opportunity to present its objections,” Mullane, 

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11

339 U.S. at 314, the Trustee believes that the Miscellaneous Sales Procedure comports with the 

due process requirements by providing ample opportunity to present objections and request a 

hearing.

NOTICE

30. Notice of this Motion will be given to: (i) the Office of the United States Trustee

for the Eastern District of Virginia; (ii) the Debtor’s secured creditors as identified by the Debtor; 

(iii) the Debtor’s 20 Largest Unsecured Creditors; and (iv) all parties requesting service of 

pleadings in the Bankruptcy Case who receive ECF notices in this Case. The Chapter 7 Trustee 

submits that, under the circumstances, no other or further notice of the Motion is required.

WHEREFORE, the Chapter 7 Trustee respectfully requests that the Court enter an order, 

substantially in the form attached hereto as Exhibit A: (i) authorizing the Chapter 7 Trustee to sell 

certain individual assets in accordance with the Miscellaneous Sales Procedures outlined herein; 

(ii) reducing, if necessary, any notice period; and (iii) granting such other and further relief as the 

Court may deem proper.

Respectfully submitted,

LYNN L. TAVENNER, CHAPTER 7 TRUSTEE

Dated: November 26, 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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12

CERTIFICATE OF SERVICE

Pursuant to the Local Rules of this Court, I certify that on this 26th day of November 2019, 

a true copy of the foregoing Motion, was sent electronically to: (a) the Office of the United States 

Trustee; (b) the Debtor’s 20 Largest Unsecured Creditors; (c) all known secured creditors from the 

Debtor’s Official Form 106D; (d) the Core Parties and 2002 List as defined in the Order 

Establishing Certain Notice, Case Management, and Administrative Procedures, ECF No. 38; and 

(e) all parties requesting service of pleadings in this Case (as indicated on Schedule A attached to 

the Court filed copy of this Motion).

/s/ Paula S. Beran

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

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SCHEDULE A

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Matrix One Riverfront Plaza LLC

CN 4000 Forsgate Drive

Cranbury, NJ 08512

farias@matrixcompanies.com

Page White Farrer Limited

Bedford House, 21 John Street

Holborn, London WC1N 2BF

United Kingdom

david.roberts@pagewhite.com

Robert B. Van Arsdale, Esquire

Office of the United States Trustee 

701 East Broad Street, Suite 4304

Richmond, Virginia 23219-1885

Robert.B.Van.Arsdale@usdoj.gov

Super-Server, LLC

707 East Main Street, Suite 1425

Richmond, Virginia 23219

cjohnson@proxios.com

kcrowley@clrbfirm.com

Thomson West-6292

P.O. Box 629

Carol Stream, IL 60197-6292

Tyler P. Brown

Hunton Andrews Kurth LLP

951 East Byrd Street

Richmond, VA 23219

tpbrown@huntonak.com

GLC Business Services, Inc.

28 Prince Street

Rochester, NY 14607

mhayes@glcbs.com

Post Oak Realty Investment Partners, LP

13355 Noel Road, 22nd Floor

Dallas, TX 75240

Jason William Harbour

Hunton Andrews Kurth LLP

951 East Byrd Street

Richmond, VA 23219

jharbour@huntonAK.com

Thomson Reuters Master Data Center

P.O. Box 673451

Detroit, MI 48267-3451

Poe & Cronk Real Estate Group, Inc.

10 S Jefferson Street, Suite 1200

Roanoke, VA 24011

slawrence@poecronk.com

Henry Pollard Long, III

Hunton Andrews Kurth LLP

951 East Byrd Street

Richmond, VA 23219

hlong@huntonAK.com

Carlyle Overlook JV, LLC

711 High Street

Des Moines, IA 50392

erin.albert@cushwake.com

BPP Lower Office REIT Inc.

BPP Connecticut Ave LLC –

BLDG ID: 26870

P.O. Box 209259

Austin, TX 78720-9259

christopher.lyons@transwestern.com

Jennifer Ellen Wuebker

Hunton Andrews Kurth LLP

951 East Byrd Street

Richmond, VA 23219

jwuebker@huntonak.com

BCal, LLC c/o Beacon Capital Partners

200 State Street, 5th Floor

Boston, MA 02109

accountantmontgomery@avisonyoung.com

EYP Realty LLC

P.O. Box 844801

Los Angeles, CA 90084-4801

james.ishibashi@brookfield.com

Douglas M. Foley

MCGUIREWOODS LLP

Gateway Plaza 

800 East Canal Street 

Richmond, Virginia 23219

dfoley@mcguirewoods.com

Parmenter Realty Fund III, Inc.

701 Brickell Avenue, Suite 2020

Miami, FL 33131

nreser@parmco.com

New Boston Long Wharf, LLC

c/o The Corporation Trust Company, r/a

1209 Orange Street

Wilmington, DE 19801

Sarah B. Boehm

MCGUIREWOODS LLP 

Gateway Plaza 

800 East Canal Street 

Richmond, Virginia 23219

sboehm@mcguirewoods.com

Latham & Watkins LLP

885 Third Avenue

New York, NY 10022-4834

eric.pike@lw.com

Iron Mountain Records Management

448 Broadway

Ulster Park, NY 12487

noe.lebeau@ironmountain.com

Bankruptcy2@ironmountain.com

Shawn R. Fox 

MCGUIREWOODS LLP 

Gateway Plaza 

800 East Canal Street 

Richmond, Virginia 23219

sfox@mcguirewoods.com

60 State TRS (DE) LLC

320 Park Avenue, Floor 17

New York, NY 10022

ahillman@oxfordproperties.com

NetRight Intermediate LLC

iManage LLC

540 W. Madison Street, Suite 2400

Chicago, IL 60661

agreen@clarkhill.com

ULX Partners, LLC

100 Broadway, 22nd Floor

New York, New York 1005

Nicholas Hinton

Daniel E. Reed

Nicholas.hinton@Unitedlex.com

Dan.reed@unitedlex.com

ConvergeOne, Inc.

3344 Highway 149

Eagan, MN 55121

esalley@convergeone.com

Integreon Managed Solutions (ND) Inc.

3247 47th Street South

Fargo, ND 58104

murray.joslin@integreon.com

Karen M. Crowley, Esq. 

Crowley Liberatore P.C. 

150 Boush Street, Suite 300 

Norfolk, VA 23510 

kcrowley@clrbfirm.com

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Michael G. Gallerizzo, Esquire 

Michael D. Nord, Esquire

GEBHARDT & SMITH LLP 

One South Street, Suite 2200 

Baltimore, Maryland 21202 

mgall@gebsmith.com

mnord@gebsmith.com

Parma Richmond, LLC 

c/o Kevin J. Funk 

Durrette Arkema Gerson & Gill PC 

1111 East Main Street, 16th Floor 

Richmond, Virginia 23219

kfunk@dagglaw.com

David R. Ruby, Esquire 

William D. Prince IV, Esquire 

ThompsonMcMullan, P.C. 

100 Shockoe Slip, Third Floor 

Richmond, Virginia 23219 

druby@t-mlaw.com

wprince@t-mlaw.com

Amy Simon Klug 

HOLLAND & KNIGHT LLP 

1650 Tysons Boulevard, Suite 1700 

Tysons, VA 22102 

amy.simon@hklaw.com

Joseph Corrigan 

Iron Mountain Information Mgmt, LLC 

One Federal Street 

Boston, MA 02110 

Bankruptcy2@ironmountain.com

JM Partners, LLC

Attn: John Marshall

6800 Paragon Place, Suite 202

Richmond, VA 23230-1656

JMarshall@JMPartnersLLC.com

SAUL EWING ARNSTEIN & LEHR LLP 

Maria Ellena Chavez-Ruark, Esquire 

500 East Pratt Street, 9th Floor 

Baltimore, MD 21202 

maria.ruark@saul.com

SAUL EWING ARNSTEIN & LEHR LLP 

Robert C. Gill, Esquire 

1919 Pennsylvania Avenue, N.W., Suite 550 

Washington, D.C. 20006-3434 

robert.gill@saul.com

Peter D. Bilowz, Esq. 

Douglas B. Rosner, Esq. 

GOULSTON & STORRS PC 

400 Atlantic Avenue 

Boston, MA 02110-3333 

pbilowz@goulstonstorrs.com 

drosner@goulstonstorrs.com

David G. Barger 

Thomas J. McKee, Jr.

Greenberg Traurig, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

bargerd@gtlaw.com

Mary Joanne Dowd, Esq. 

Jackson D. Toof, Esq. 

Arent Fox LLP 

1717 K Street, NW 

Washington, DC 20006 

mary.dowd@arentfox.com 

jackson.toof@arentfox.com

Robert H. Chappell III, Esquire

SPOTTS FAIN PC 

411 East Franklin Street, Suite 600 

Richmond, Virginia 23219 

rchappell@spottsfain.com

Jennifer J. West, Esquire

SPOTTS FAIN PC 

411 East Franklin Street, Suite 600 

Richmond, Virginia 23219

jwest@spottsfain.com

Neil E. McCullagh, Esquire

SPOTTS FAIN PC 

411 East Franklin Street, Suite 600 

Richmond, Virginia 23219

nmccullagh@spottsfain.com

Karl A. Moses, Jr., Esquire

SPOTTS FAIN PC 

411 East Franklin Street, Suite 600 

Richmond, Virginia 23219

kmoses@spottsfain.com

Michael G. Wilson, Esq. 

MICHAEL WILSON PLC 

PO Box 6330 

Glen Allen, VA 23058 

mike@mgwilsonlaw.com

Cynthia L. Hegarty

MORRISON SUND, PLLC 

5125 County Road 101, Suite 200 

Minnetonka, MN 55345 

chegarty@morrisonsund.com

Shawn C. Whittaker, Esq.

Whittaker|Myers, PC

1010 Rockville Pike, Suite 607

Rockville, MD 20852

Shawn@whittakermyers.com

Nicola G. Suglia, Esquire 

Fleischer, Fleischer & Suglia, P.C.

Four Greentree Centre 

601 Route 73 N., Suite 305 

Marlton, NJ 08053

consult@fleischerlaw.com

Joshua D. Stiff, Esquire

Grayson T. Orsini, Esquire 

WOLCOTT RIVERS GATES 

200 Bendix Road, Suite 300 

Virginia Beach, Virginia 23452 

jstiff@wolriv.com 

gorsini@wolriv.com

Alexander R. Green, Esquire

CLARK HILL, PLC

1001 Pennsylvania Ave NW, STE 1300 S

Washington, D.C. 20004

agreen@clarkhill.com

Bank Direct Capital Finance

c/o Kevin J. Funk 

Durrette Arkema Gerson & Gill PC 

1111 East Main Street, 16th Floor 

Richmond, Virginia 23219

kfunk@dagglaw.com

Amy Wiekel

Commonwealth of Pennsylvania

Department of Labor and Industry

Collections Support Unit

651 Boas Street, Room 925

Harrisburg, PA 17121

Ra-li-ucts-bankrupt@state.pa.us

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EXHIBIT A

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,219-34574-KRH

Debtor Chapter

7

ORDER AUTHORIZING THE CHAPTER 7 TRUSTEE TO 

ESTABLISH PROCEDURES FOR SALES OF MISCELLANEOUS ASSETS

This matter coming before the Court on the Chapter 7 Trustee’s Motion for Entry of an 

Order Establishing Procedures for Sale of Miscellaneous Assets and Memorandum in Support

Thereof filed by Lynn L. Tavenner, the Chapter 7 Trustee (the “Chapter 7 Trustee” and/or the 

“Trustee”); the Court having reviewed the Motion and having heard the statements of counsel in 

support of the relief requested in the Motion at a hearing before the Court (the “Hearing”); the 

Court finding that (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 

1334, (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and (c) notice of the Motion 

(and service of the proposed order) was sufficient under the circumstances; and the Court having 

determined that the legal and factual bases set forth in the Motion and at the Hearing establish just 

cause for the relief herein granted;

2 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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2

IT IS HEREBY ORDERED THAT:

1. The Motion is GRANTED.

2. Capitalized terms not otherwise defined herein have the meanings given to them in 

the Motion.

3. The Chapter 7 Trustee is authorized, pursuant to §§ 105(a) and 363(b)(1) of the 

Bankruptcy Code, to sell, without further order of this Court, any and all assets of the Estate valued 

at $5,000.00 or less in accordance with the Miscellaneous Sales Procedures established in the

Motion, and to take any and all action necessary, appropriate, or advisable to complete such

Proposed Transactions.

4. Pursuant to Bankruptcy Code § 363(f), any and all sales consummated pursuant to

the Miscellaneous Sales Procedures approved herein shall be free and clear of any and all valid

liens, claims, and other encumbrances, with any such existing liens, claims, and encumbrances

attaching to the proceeds of the sales approved herein.

5. All proceeds received by the Estate pursuant to the Miscellaneous Sales Procedures 

shall be placed into the Estate’s operating account for use consistent with the Cash Collateral Order 

or as otherwise ordered by this Court.

6. The Chapter 7 Trustee is authorized to take any action and enter into any agreement 

that, in her business judgment, is reasonably necessary or appropriate to effect any of the foregoing, 

including the presentation to the Court of an order, or series of orders, requesting authorization of 

the sale of any or all of the sales pursuant to the Miscellaneous Sales Procedures (even though the 

requirement of any such order is waived), which order(s) need be endorsed only by counsel to the 

Chapter 7 Trustee. Notwithstanding any order to the contrary, any order submitted to the Court in 

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3

connection with the Miscellaneous Sales Procedures shall be served only upon counsel for the 

Lender and the Office of the United States Trustee.

7. Pursuant to Bankruptcy Rule 7062, and notwithstanding Bankruptcy Rule 6004(h), 

this Order shall take effect immediately upon its entry.

ENTERED:

UNITED STATES BANKRUPTCY JUDGE

I ask for this:

______________________________________

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

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.

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

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4

Service List for Entered Order

Robert B. Van Arsdale, Esquire

Office of the United States Trustee

701 East Broad Street, Room 4304

Richmond, Virginia 23219

Paula S. Beran, Esquire

Tavenner & Beran, PLC

20 North Eighth Street, Second Floor

Richmond, VA 23219

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