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 AND LIMITED OBJECTION TO MOTION OF MICHELE 

CRADDOCK 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 “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”) hereby hereby files this response and limited objection (the 

“Response”) to Motion of Michele Craddock for Limited Relief from the Automatic Stay, ECF No. 

83, filed by Michele Craddock (“Ms. Craddock” and/or “Movant”) 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.

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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 “September 26 Hearing”), the Court denied the Motion to Convert.

3. On or about September 18, 2019, Michele Craddock (the “Movant”) filed her 

Motion of Michele Craddock for Limited Relief from the Automatic Stay (the “Motion for Relief”).

4. On September 20, 2019, Ms. Craddock filed her Supplemental Statement in Support 

of the Motion of Michele Craddock for Limited Relief from the Automatic Stay, ECF No. 93.

5. Per agreement between the Debtor, the United States Trustee, and ABL Alliance, 

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

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

6. Upon conversion, Lynn L. Tavenner was appointed interim trustee, and she 

continues to serve in that capacity.

7. As of the date of this Response, the Debtor has not filed its Schedules and 

Statements, the Trustee has not held the section 341 meeting of creditors, and the Trustee is still 

gathering information.

Response and Limited Objection

8. The Trustee does not object to the extent that any relief granted 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 employees2and/or management that there is 

2 This “employment” characterization is simply used to describe the Debtor’s business and is not intended to ascribe 

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insurance coverage for amounts sought; and (b) Ms. Craddock’s representations that (i) the relief 

she seeks will require no significant expense from the Estate and (ii) she 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.

9. The Trustee, through counsel, is currently negotiating the form of order.

10. Until a form of order has been agreed upon, the Trustee reserves the right to object 

to the relief sought in the Motion for Relief. 

WHEREFORE, the Trustee respectfully requests the Court not grant the relief requested in 

the Motion for Relief until she has agreed on the form of order.

Respectfully submitted,

LYNN L. TAVENNER, CHAPTER 7 TRUSTEE

Dated: October 22, 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

any type of legal connotation to the relation between the Debtor and any attorney that the Debtor held out to the public 

as a LeClairRyan attorney.

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CERTIFICATE OF SERVICE

I hereby certify that on this 22nd day of October 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 Michele Craddock

/s/ Paula S. Beran

Paula S. Beran, Esquire

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

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