4852-5240-6258.1

Michael A. Condyles (VSB No. 27807)

Brian H. Richardson (VSB No. 92477)

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Counsel to Essex Bank

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE: LEWIS E. WILKERSON, JR.,

Debtor. Case No. 20-34576-KLP

Chapter 11

NOTICE OF MOTION

PLEASE TAKE NOTICE THAT attached hereto is the Motion of Essex Bank (“Essex”)

Pursuant to Rule 2004 to Examine Lewis E. Wilkerson, Jr. and Request for Production of 

Documentary Evidence (the “Motion”). The Motion seeks authorization for Essex to examine 

Lewis E. Wilkerson, Jr. (the “Debtor or Examanee”), and seeks the production of documents that 

relate directly to the acts, conduct, or property of the Debtor and the liabilities and financial 

condition of the Debtor, which may affect the administration of the Debtor’s estate.

Your rights may be affected. You should read these papers carefully and discuss them 

with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you 

may wish to consult one). If you do not want the Court to grant the relief sought in the motion, 

you must do the following:

1. You must file with the court, at the address shown below, a written response 

pursuant to Local Bankruptcy Rules 9013-1 and 2004-1 not later than seven days after the filing 

date of this Motion. 

Clerk of the Court

United States Bankruptcy Court

200 S. Washington Street

Alexandria, VA 22314

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2. You must also mail a copy to:

Michael A. Condyles, Esq.

Brian H. Richardson, Esq.

Kutak Rock LLP

901 East Byrd Street, Suite 1000

Richmond, VA 23219-4071

michael.condyles@kutakrock.com

brian.richardson@kutakrock.com

3. No hearing has been set to consider the Motion. If you object to the Motion, you 

must file the objection timely with the Court. If a hearing is required, you must attend the hearing 

in addition to filing a written objection to the Motion. If you fail to file timely a written response 

and to attend the hearing, the Court may consider any objection you may have waived and enter 

an Order granting the relief requested in the Motion.

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Michael A. Condyles (VSB No. 27807)

Brian H. Richardson (VSB No. 92477)

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Counsel to Essex Bank

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE: LEWIS E. WILKERSON, JR.,

Debtor. Case No. 20-34576-KLP

Chapter 11

MOTION OF ESSEX BANK PURSUANT TO RULE 2004 TO 

EXAMINE LEWIS E. WILKERSON, JR. AND REQUEST 

FOR PRODUCTION OF DOCUMENTARY EVIDENCE

Essex Bank (“Essex”), by counsel, moves the Court for an order, substantially in the form 

attached hereto as Exhibit A, authorizing Essex to examine Lewis E. Wilkerson, Jr. (the “Debtor

or Examinee”) and to compel the Debtor to produce documentary evidence pursuant to Rule 2004 

of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and Local Rule 2004-1, 

and states:

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and this 

matter constitutes a “core” proceeding within in the meaning of 28 U.S.C. § 157(b).

2. Venue is proper pursuant to 28 U.S.C. § 1409.

3. This Court has personal jurisdiction over all parties pursuant to Rule 7004(f) of the 

Bankruptcy Rules.

4. Essex is a corporation engaged in the business of making loans with its corporate 

offices located in Richmond, Virginia. Essex is qualified to do business in the Commonwealth 

of Virginia.

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5. Lewis E. Wilkerson, Jr. is the chapter 11 debtor in this case by virtue of the 

voluntary petition filed pursuant to chapter 11 of title 11 of the United States Code in this Court 

on November 17, 2020 (the “Petition Date”). The Section 341 Meeting of Creditors was 

conducted on December 17, 2020.

6. The Examinee, as a result of such entity’s connections to the Debtor is likely to 

have information regarding the assets, liabilities, financial condition and financial transactions of 

the Debtor.

Requested Relief

7. Essex is a creditor of the Debtor by virtue of a Promissory Note executed by the 

Debtor and dated June 26, 2019 in the original principal amount of $200,000.00 (the “Note”). 

8. The outstanding amount of principal, interest and late fees due under the Note is no 

less than $209,079.07, as of the Petition Date.

9. In connection with the Note, the Debtor executed a Commercial Security 

Agreement dated June 26, 2019 (the “Security Agreement”), which granted Essex a lien on, among 

other things, that certain heavy equipment described as: (i) 2010 Cat Dozer D6N Serial Number

DJA01151; (ii) 2014 Cat Dozer D6K Serial Number C8N21953; (iii) 2014 Cat Knuckle Boom 559C 

Serial Number CAT0559CLKAS00425; (iv) 2012 Cat Skidder 545C Serial Number 

CAT0545CA54501116; (v) 2015 Cat Dozer D6K Serial Number WMR0026; and (vi) 2013 Cat 

Skidder 545C Serial Number CAT0545CT54500992 (the “Collateral”).

10. Essex filed a Motion for Relief from Stay [Docket No. 104] seeking relief from the 

automatic to foreclose on the on the Collateral (the “Motion for Relief from Stay”).

11. The Debtor consented to the Motion for Relief from Stay and a Consent Oder 

granting the relief and directing the Debtor to Surrender the Collateral was entered by the Court 

on April 5, 2021 [Docket No. 109] (the “Relief from Stay Order”).

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12. In connection with the Motion for Relief from Stay, Essex sought recovery of the 

Collateral and upon conducting an inspection of the equipment determined that all but one of the 

six items of heavy equipment comprising the Collateral were present at the Debtor’s facility (the 

“Missing Collateral”). The only item of the Collateral at the Debtor’s facility consisted of the 

2013 Cat Skidder 545C Serial Number CAT0545CT54500992.

13. Upon learning that the Missing Collateral was not present at the Debtor’s facility, 

Essex sought information regarding the status and disposition of such equipment.

14. Despite repeated demands for information related to the status and disposition of 

the Missing Collateral, the Debtor has failed and refused to provide any information in response.

15. Essex seeks to examine the Examinee about the acts, conduct, or property of the 

Debtor, the liabilities and financial conditions of the Debtor, and any matters that may affect the 

administration of the Debtor’s bankruptcy estate pursuant to Rule 2004, including, without 

limitation, all matters related to the Missing Collateral.

16. More particularly, Essex seeks to examine the Examinee with respect to various 

topics of concern, including, but not limited to, its purchase of the Collateral, its liability and its 

repayment of the Note, its removal of the Missing Collateral from the debtor’s facility, the current 

disposition of the Missing Collateral, the condition and location of the Missing Collateral and the 

status of the Debtor’s business, its operations, assets and liabilities and the disposition of the assets 

that belong to the business. Essex submits that each of these topics will provide valuable 

information regarding the liabilities, financial condition and financial transactions of the Debtor, 

as well as of the former assets of the Debtor.

17. Essex submits that the examination of the Examinee falls within the broad scope 

under Rule 2004, which provides:

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The examination of an entity under this rule or of the debtor under 

§ 343 of the Code may relate only to the acts, conduct, or property 

or to the liabilities and financial condition of the debtor, or to any 

matter which may affect the administration of the debtor's estate, or 

to the debtor's right to a discharge. 

18. In connection with the examination sought herein, Essex requests the Court to order 

the production of the documents identified on the attached Schedule 1.

WHEREFORE, Essex requests the Court to authorize the examination of the Examinee, 

to direct the production of the documents by the Examinee identified in the attached 

Schedule 1, and to award any further relief the Court deems proper.

ESSEX BANK

By: /s/ Michael A. Condyles

 Counsel

Michael A. Condyles (VSB No. 27807)

Brian H. Richardson (VSB No. 92477)

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Counsel to Essex Bank

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CERTIFICATE OF SERVICE

I hereby certify under penalty of perjury that on July 30, 2021, a true and exact copy of the 

foregoing was served via electronic means and/or first class mail to all parties in interest pursuit 

to the attached service list and as follows:

Counsel for the Debtor

Robert A. Canfield, Esq.

Hunter R. Wells, Esq.

Canfield Wells, LLP

4124 E. Parham Road

Henrico, VA 23228

United States Trustee

Kathryn R. Montgomery

Assistant United States Trustee20 

Office of The United States Trustee

701 East Broad Street

Suite 4304

Richmond, VA 23219

Debtor

Lewis E. Wilkerson, Jr.

PO Box 270

Keysville, VA 23947

By: /s/ Michael A. Condyles

Counsel

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EXHIBIT A

Proposed Order

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4852-5240-6258.1

Michael A. Condyles (VSB No. 27807)

Brian H. Richardson (VSB No. 92477)

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Counsel to Essex Bank

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE: LEWIS E. WILKERSON, JR.,

Debtor. Case No. 20-34576-KLP

Chapter 11

ORDER AUTHORIZING EXAMINATION OF LEWIS E. WILKERSON, JR. AND

COMPELLING THE PRODUCTION OF DOCUMENTARY EVIDENCE

THIS MATTER COMES before the Court upon the Motion of Essex Bank Pursuant to 

Rule 2004 to Examine Lewis E. Wilkerson, Jr. and Request for Production of Documentary 

Evidence pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure (the “Motion”), and 

it appearing that Essex Bank (“Essex”) provided proper notice of the Motion to the necessary 

parties, that no objection has been filed and that good cause exists to grant the relief herein, it is

ORDERED, ADJUDGED AND DECREED that:

1. The Motion is hereby granted.

2. Essex is hereby authorized to examine Lewis E. Wilkerson, Jr. (the “Examinee”).

3. Essex is authorized to take any actions as may reasonably be necessary to conduct 

the examination of the Examinee as set forth herein, which authorization shall include, among 

other things, authority to issue subpoenas to the Examinee as needed and pursuant to Rule 2004. 

4. The Examinee shall attend and testify pursuant to Rule 2004 of the Federal Rules 

of Bankruptcy Procedure at an examination by Essex with regard to any and all acts, conduct, or 

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property or to the liabilities and financial condition of the Debtor, or to any matter which may 

affect the administration of the Debtor’s estate, including, without limitation those matters set forth 

in the Motion.

5. The examination shall be conducted at Kutak Rock LLP, 901 E Byrd Street, Suite 

1000, Richmond, VA 23219 or such other location as the parties may agree upon.

6. The examination shall be conducted on a date and at a time to be set forth and 

agreed upon by and between the Examinee and Essex. In the event that the Examinee and Essex

are unable to reach a consensus of a mutually agreeable date and time, this Court retains 

jurisdiction over all matters arising from this Order and a subsequent hearing may be scheduled 

on the Motion by Essex directing the Examinee to attend an examination and to produce all 

documents identified on Schedule 1 hereto.

7. The Examinee shall produce all documentary evidence in their actual or 

constructive possession (or provide a written response to counsel for Essex explaining the effort 

to locate the documents, the reason for the lack of production and the location or disposition of the 

documents to the extent documents cannot be produced) identified in Schedule 1 attached hereto.

8. All documentary evidence shall be produced at Kutak Rock LLP, Attention Michael 

A. Condyles, 901 E Byrd Street, Suite 1000, Richmond, VA 23219 forthwith without further delay 

and, in any event, by no later than 15 days from the entry of this Order.

9. The Clerk shall serve a copy of this Order on the parties included in the attached 

Certificate of Service.

ENTERED: ____________

UNITED STATES BANKRUPTCY COURT JUDGE

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4852-5240-6258.1

Order submitted by:

/s/ Michael A. Condyles

Michael A. Condyles (VSB No. 27807)

Brian H. Richardson (VSB No. 92477)

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Counsel to Essex Bank

CERTIFICATION

Pursuant to Local Rule 2004-1, I hereby certify that a good faith attempt to set a date for 

the examinations has been, or will be, made in connection with scheduling the examinations.

/s/ Michael A. Condyles 

Counsel

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4852-5240-6258.1

CERTIFICATE OF SERVICE

I hereby certify under penalty of perjury that on July 30, 2021, a true and exact copy of the 

foregoing was served via electronic means and/or first class mail to all parties in interest pursuit 

to the attached service list and as follows:

Counsel for the Debtor

Robert A. Canfield, Esq.

Hunter R. Wells, Esq.

Canfield Wells, LLP

4124 E. Parham Road

Henrico, VA 23228

United States Trustee

Kathryn R. Montgomery

Assistant United States Trustee20 

Office of The United States Trustee

701 East Broad Street

Suite 4304

Richmond, VA 23219

By: /s/ Michael A. Condyles

Counsel

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4852-5240-6258.1

SERVICE LIST

Michael A. Condyles, Esq.

KUTAK ROCK LLP

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Robert A. Canfield, Esq.

Hunter R. Wells, Esq.

Canfield Wells, LLP

4124 E. Parham Road

Henrico, VA 23228

Kathryn R. Montgomery

Assistant United States Trustee20 

Office of The United States Trustee

701 East Broad Street

Suite 4304

Richmond, VA 23219

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4852-5240-6258.1

SCHEDULE 1

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DEFINITIONS AND INSTRUCTIONS

1. The term “Debtor” shall mean Lewis E. Wilkerson, Jr.

2. The term “Collateral” shall mean: : (i) 2010 Cat Dozer D6N Serial Number 

DJA01151; (ii) 2014 Cat Dozer D6K Serial Number C8N21953; (iii) 2014 Cat Knuckle Boom 

559C Serial Number CAT0559CLKAS00425; (iv) 2012 Cat Skidder 545C Serial Number 

CAT0545CA54501116; (v) 2015 Cat Dozer D6K Serial Number WMR0026; and (vi) 2013 Cat 

Skidder 545C Serial Number CAT0545CT54500992.

3. The term “Missing Collateral” shall mean all of the Collateral, except the 2013 Cat 

Skidder 545C Serial Number CAT0545CT54500992.

4. The term “document” means any written or graphic matter or other means of 

preserving thought or expression and all tangible things from which information can be processed 

or transcribed that is within your possession, custody or control, including the originals and all

non-identical copies, whether different from the original by reason of any notation made on such 

copy or otherwise, including, but not limited to, correspondence, memoranda, notes, messages, 

letters, telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and 

intra-office telephone calls, diaries, chronological data, minutes, books, reports, studies, 

summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts, returns, 

computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, cancelled 

checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and 

any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), 

graphic or aural records or representations of any kind (including without limitation photographs, 

microfiche, microfilm, videotape, records and motion pictures) and electronic, mechanical or 

electric records or representations of any kind (including without limitation tapes, cassettes, discs 

and records).

5. The term “relating to” means pertaining to, affecting, involving or being connected 

to.

6. If you choose to withhold any documents from production on the grounds of 

privilege or the like, you must, in addition to identifying the documents so withheld, provide a 

privilege log or schedule containing for each such document:

(a) a description of the type and contents of each such document claimed to be 

privileged and its date and current custodian and present location;

(b) the name, occupation and capacity of the document's author;

(c) the name, occupation and capacity of the each addressee of the document;

(d) the name, occupation and capacity of each other person who obtained the 

document or a copy thereof or to whom the document was disseminated or 

who was informed of the document's contents; and

(e) the privilege(s) claimed and, for each privilege claimed, a statement of the 

factual basis for applicability of the privilege.

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DOCUMENTS TO BE PRODUCED

The following shall be produced:

1. All documents that discuss, refer or relate to the Collateral.

2. All documents that discuss, refer or relate to the Debtor’s purchase of the Collateral.

3. All documents that discuss, refer or relate to the current location of the Missing Collateral.

4. All documents that discuss, refer or relate to any pickup, transfer or movement of the Missing 

Collateral from one location to another.

5. All documents that discuss, refer or relate to any sale or other disposition of the Collateral.

6. All documents that discuss, refer or relate to any liens against any of the Collateral, including, 

without limitation, any security agreements or UCC Financing Statements.

7. All documents that discuss, refer or relate to the removal of the Missing Collateral from the 

Debtor’s premises.

8. All documents that discuss, refer or relate to the current ownership of the Collateral.

9. All documents that discuss, refer or relate to invoices, bills of sale, purchase orders or other 

documents related to the purchase and ownership of each of the two pieces of equipment 

located on your premises consisting of serial numbers ending in: (i) 4501125 and (ii) 4501219.

10. All documents related to the receipt or disbursement of any proceeds received from any sale 

or other disposition of the Collateral.

11. All documents that discuss, refer or relate to the disposition of the Missing Collateral, 

including, without limitation, any repossessions, foreclosures, sale or other disposition of such 

equipment.

12. All documents that discuss, refer or relate to invoices, bills of sale, purchase orders or other 

documents related to the purchase of each item of the Collateral.

13. All documents that discuss, refer or relate to the existence of insurance on the Collateral for 

the years 2019 through 2021, including, without limitation, Certificates of Insurance. 

14. Federal income tax returns or any other federal tax information, including, without limitation, 

any depreciation schedules for the Debtor or any of its affiliated companies, partnerships or 

corporations for the tax years 2019 and 2020, including all attachments, exhibits and 

supporting documentation.

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15. All documents that discuss, refer or relate to any transaction or communication regarding any 

transfer, loan, sale or assignment of any Collateral, including, but not limited to, agreements, 

sales contracts, letter of intent, schedules, promissory notes, loan agreements, security 

agreements, wire records, check stubs, cancelled checks, computer records, corporate minutes 

and financial documents.

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