______________________________________

Kathryn R. Montgomery, AUST (VSB No. 42380)

Shannon Pecoraro, Esq. (VSB No. 46864)

Jason B. Shorter, Esq. (VSB No. 80929)

Office of the United States Trustee

701 East Broad Street, Suite 4304

Richmond, VA 23219

Telephone: (804) 771-2310

Facsimile: (704) 771-2330

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re:

LECLAIRRYAN PLLC, 

Debtor. 

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff.

v. 

ULX Partners, LLC, UnitedLex Corporation, 

and ULX Managers, LLC,

 Defendants.

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff. 

v. 

CVC Capital Partners, Daniel Reed, Nicholas 

Hinton, Josh Rosenfeld, P. Douglas Benson, 

 Defendants.

Chapter 7

 Case No. 19-34574 (KRH) 

 Adv. Proc. Nos. 20-03142 (KRH) 

 and 

 

 21-03095 (KRH) 

NOTICE OF MOTION OF THE UNITED STATES TRUSTEE 

FOR A STATUS CONFERENCE AND A SCHEDULING ORDER

PLEASE TAKE NOTICE that John P. Fitzgerald, III, Acting United States Trustee for 

Region Four, has filed papers with the court requesting an expedited hearing on his Motion For a 

Status Conference and Scheduling Order (the “Scheduling Motion”). 

PLEASE TAKE FURTHER NOTICE that 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). 

PLEASE TAKE FURTHER NOTICE that on September 4, 2019, the Court entered the 

Order Establishing Certain Notice, Case Management and Administrative Procedures [ECF No. 38] 

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 1 of 9
(the “Case Management Order”), which approved the Notice, Case Management, and 

Administrative Procedures attached as Exhibit 1 to the Case Management Order (the “Case 

Management Procedures”). The Case Management Procedures, among other things, prescribe the 

manner in which an Objection must be filed and served and set forth when certain hearing swill be 

conducted. A copy of the Case Management Order may be obtained, free of charge, by written 

request to Kathryn.Montgomery@usdoj.gov or, for a fee, at http://ecf.vaeb.uscourts.gov. 

PLEASE TAKE FURTHER NOTICE if you do not want the Court to grant the relief 

sought in the Scheduling Motion, or if you want the Court to consider your views on the Scheduling 

Motion, then prior to the date set for a hearing on this matter, you or your attorney must: 

(X) File with the Court, at the address below, a written request for a hearing [or 

a written response pursuant to Local Bankruptcy Rule 9013-1(H)]. You must mail 

or otherwise file it early enough so the Court will receive it on or before the due 

date identified above.

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street - Suite 4000 

Richmond, Virginia 23219 

You must also mail a copy to: 

Kathryn R. Montgomery, Esq. 

Assistant United States Trustee

Office of the United States Trustee

 701 East Broad Street - Suite 4304 

 Richmond, VA 23219 

In accordance with the Case Management Procedures, you must also serve a copy 

of your written Objection on the Core Parties, the 2002 List Parties, and any 

Affected Entity so that the Objection is received before the Objection Deadline.

PLEASE TAKE FURTHER NOTICE that the Court will entertain the Scheduling 

Motion on May 25, 2022, at 11:00 a.m. (or such time thereafter as the matter may be heard). In 

connection with the same, the undersigned will appear before The Honorable Kevin R. 

Huennekens, United States Bankruptcy Judge. Due to the COVID−19 public health emergency, 

no in-person hearings are being held. This hearing will take place remotely through Zoom on the 

date and time scheduled herein. To appear at the hearing, you must use the following Zoom 

registration link:

https://www.zoomgov.com/meeting/register/vJItfuivqTwsG0w7NNm3z511H7Q0KnjY2W8

Listen-only conference line[s]: 

Dial: 1-866-590-5055 

 Access Code: 4377075 

 Security Code: 52522 

 

 

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 2 of 9
If you fail to file timely a written response or to attend the hearing, the Court may 

consider any objection you may have waived and enter an Order granting the relief 

requested in the Scheduling Motion. 

Dated: May 24, 2022 John P. Fitzgerald, III 

 Acting United States Trustee

 Region Four 

 /s/ Kathryn R. Montgomery 

 Kathryn R. Montgomery 

 Assistant United States Trustee

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 24th day of May, 2022, a true and correct copy of the 

foregoing document was served via first class mail and/or electronic mail upon: (i) all parties and 

counsel requesting service via the Court’s ECF system, (ii) the Defendants, (iii) the 20 largest 

unsecured creditors as listed on the Debtor’s schedules, (iv) the Service List as defined by the 

governing Case Management Order, (v) Foley & Lardner, (vi) all Persons identified in paragraph 

4 of the FAO Procedures Order, and (vii) counsel for the Chapter 7 Trustee. 

By: /s/ Kathryn R. Montgomery 

 Kathryn R. Montgomery, Esq. 

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 3 of 9
______________________________________

Kathryn R. Montgomery, AUST (VSB No. 42380)

Shannon Pecoraro, Esq. (VSB No. 46864)

Jason B. Shorter, Esq. (VSB No. 80929)

Office of the United States Trustee

701 East Broad Street, Suite 4304

Richmond, VA 23219

Telephone: (804) 771-2310

Facsimile: (704) 771-2330

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: 

LECLAIRRYAN PLLC, 

Debtor. 

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff. 

v. 

ULX Partners, LLC, UnitedLex Corporation, 

and ULX Managers, LLC, 

 Defendants.

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff. 

v. 

CVC Capital Partners, Daniel Reed, Nicholas 

Hinton, Josh Rosenfeld, P. Douglas Benson, 

 Defendants.

Chapter 7 

 Case No. 19-34574 (KRH) 

 Adv. Proc. Nos. 20-03142 (KRH) 

 and 

 

 21-03095 (KRH) 

MOTION OF THE UNITED STATES TRUSTEE FOR 

A STATUS CONFERENCE AND A SCHEDULING ORDER

 John P. Fitzgerald, III, the Acting United States Trustee for Region Four (the “United 

States Trustee”) respectfully moves the Court for a scheduling order setting a discovery period 

regarding the United States Trustee’s Objection to the Chapter 7 Trustee’s Motion/Application 

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 4 of 9
filed under seal in the above captioned case and adversary proceedings (the “9019 Motion”). 

This motion is supported as follows:

1. On April 19, 2022, at a hearing before this Court, counsel for the Chapter 7 

Trustee set forth on the record terms of a settlement agreement reached by the parties in the 

above captioned adversary proceedings (the “Adversary Proceedings”).

2. On May 11, 2022, ULX Partners, LLC, UnitedLex Corporation, and ULX 

Managers, LLC (collectively, the “Defendants”) filed a Motion to Seal Settlement Agreement 

and Related Documents, Information and Hearings (“Motion to Seal”). 

3. On May 23, 2022, the United States Trustee filed his Opposition to the Motion to 

Seal.

4. A hearing on the Motion to Seal has been set before this Court on May 25, 2022.

(Dkt. 208).

5. On May 18, 2022, the Chapter 7 Trustee filed the 9019 Motion. The 9019 Motion 

was docketed in the main case and the Adversary Proceedings. 

6. The 9019 Motion was filed without evidentiary support; however, footnote 14 of 

the 9019 Motion provides that the Chapter 7 Trustee anticipated filing declaration(s) at the 

appropriate time to sufficient enable the Bankruptcy Court to, among other things, perform its 

gatekeeping role in connection with determining the reasonableness of the improvident payment.

7. The Notice of the 9019 Motion indicates that the 9019 Motion is set to be heard 

by this Court on June 8, 2022, and that objections are due on June 1, 2022.

8. On May 23, 2022, the United States Trustee filed his Opposition to the 9019 

Motion, reserving his right to supplement the Opposition. 

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 5 of 9
9. The United States Trustee does not believe that certain terms of the 9019 Motion

fully comply with the Bankruptcy Code.

10. The United States Trustee requires discovery to assess the evidentiary support for 

some of the relief sought in the 9019 Motion.

11. On May 23, 2022, the United States Trustee propounded discovery to the Chapter 

7 Trustee in the form of Interrogatories and Requests for Production.

12. On May 20, 2022, the United States Trustee reached out to counsel for the parties 

by email to ask if the parties were amenable to seeking a status conference and entering into a 

scheduling order. As of this filing, the United States Trustee and counsel for the Chapter 7 

Trustee are engaging in discussions. 

13. The United States Trustee believes a status conference with the Court and a 

scheduling order is necessary for all parties and the United States Trustee to adequately assess 

the 9019 Motion and present evidence and argument at a hearing on the 9019 Motion. 

14. The United States Trustee respectfully suggests that a status hearing be held at the 

Court’s earliest availability, but no later than after the hearing on the Motion to Seal set for May 

25, 2022.

WHEREFORE, the United States Trustee requests that the Court grant his request for a 

status conference and a scheduling order.

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 6 of 9
 Respectfully Submitted,

Dated: May 24, 2022 JOHN P. FITZGERALD, III

Acting United States Trustee Region 4

 By: /s/ Kathryn R. Montgomery 

 Kathryn R. Montgomery (VSB 42380) 

 Assistant United States Trustee

Office of the United States Trustee

701 E. Broad St., Ste. 4304 

Richmond, VA 23219 

Ph: (804) 771-2310 

Fax: (804) 771-2330 

Kathryn.Montgomery@usdoj.gov 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 24th day of May, 2022, a true and correct copy of the 

foregoing document was served via first class mail and/or electronic mail upon: (i) all parties and 

counsel requesting service via the Court’s ECF system, (ii) the Defendants, (iii) the 20 largest 

unsecured creditors as listed on the Debtor’s schedules, (iv) the Service List as defined by the 

governing Case Management Order, (v) Foley & Lardner, (vi) all Persons identified in paragraph 

4 of the FAO Procedures Order, and (vii) counsel for the Chapter 7 Trustee. 

By: /s/ Kathryn R. Montgomery 

 Kathryn R. Montgomery, Esq. 

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 7 of 9
Kathryn R. Montgomery, Esq., AUST (Va. Bar No. 42380)

Shannon Pecoraro, Esq. (Va. Bar No. 46864)

Jason B. Shorter, Esq. (Va. Bar No. 80989)

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re:

LECLAIRRYAN PLLC, 

Debtor.

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff.

v. 

ULX Partners, LLC, UnitedLex Corporation, 

and ULX Managers, LLC,

 Defendants.

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff. 

v. 

CVC Capital Partners, Daniel Reed, Nicholas 

Hinton, Josh Rosenfeld, P. Douglas Benson, 

 Defendants.

Chapter 7

 Case No. 19-34574 (KRH)

 Adv. Proc. Nos. 20-03142 (KRH) 

 and 

 

 21-03095 (KRH)

PROPOSED ORDER GRANTING A STATUS CONFERENCE

AND A SCHEDULING ORDER

Upon the Motion of the United States Trustee, by counsel, requesting a status conference 

and a scheduling order (the “Scheduling Motion”); and upon the representations by the Office of 

the United States Trustee that good cause exists for granting the Motion; and this Court having 

found that proper and adequate notice of the Motion has been given and no other or further 

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 8 of 9
notice is necessary and that good and sufficient cause exists for granting the relief set forth 

herein; it is hereby ordered that:

1. The Scheduling Motion is GRANTED.

2. Notice of the Scheduling Motion as provided therein is deemed good and 

sufficient notice.

3. The status conference shall be held on May 25, 2022 at 11 a.m. as previously 

noticed.

4. Declarations in support of the 9019 Motion shall be filed by ________________.

5. The Chapter 7 Trustee and her professionals shall respond to the United States 

Trustee’s discovery request of May 23, 2022 by ______________________.

6. This Court shall retain exclusive jurisdiction over any and all matters arising from 

or related to the implementation of this ORDER.

DATE: ________ BANKRUPTCY JUDGE UNITED STATES BANKRUPTCY COURT

I ask for this:

/s/ Kathryn R. Montgomery Kathryn R. Montgomery, Esquire

Assistant United States Trustee

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219 

CERTIFICATION

Pursuant to Local Rule 9022-1(C), I hereby certify that this Order has been either served 

on or endorsed by all necessary parties.

 /s/ Kathryn R. Montgomery Kathryn R. Montgomery

Case 20-03142-KRH Doc 217 Filed 05/24/22 Entered 05/24/22 13:05:46 Desc Main

Document Page 9 of 9