David G. Barger (VSB No. 21652) 

Thomas J. McKee, Jr. (VSB No. 68427) 

J. Gregory Milmoe (admitted pro hac vice) 

Greenberg Traurig, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

Telephone: (703) 749-1300 

Fax: (703) 749-1301 

Email: mckeet@gtlaw.com 

Counsel to ULX Partners, LLC and UnitedLex Corp.

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, 

vs. 

ULX Partners, LLC and UnitedLex Corporation, 

 Defendants. 

Chapter 7 

Case No. 19-34574 (KRH) 

 Adv. Pro. No. 20-03142-KRH 

 

DESIGNATION OF RECORD 

WITH RESPECT TO DEFENDANTS’ OBJECTION TO THE BANKRUPTCY 

COURT’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW 

REGARDING DEFENDANTS’ MOTION TO WITHDRAW THE REFERENCE

Defendants ULX Partners, LLC and UnitedLex Corporation, (collectively, “Defendants”), 

with the agreement of Plaintiff Lynn L. Tavenner, in her capacity as the Chapter 7 Trustee (the 

“Trustee”), by counsel and pursuant to Bankruptcy Rule 9033(b), hereby designates the following 

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as the record with respect to Defendants’ Objection to the Bankruptcy Court’s Proposed Findings of 

Fact and Conclusions of Law [AP. Docket No. 35]: 

A. ADVERSARY PROCEEDING NO. 20-03142 (KRH) 

1. Complaint [AP. Docket No. 1]; 

2. Corrected Complaint [AP. Docket No. 4]; 

3. Summons and Notice of Pre-Trial Conference [AP Docket No. 6]; 

4. Stipulation by ULX Partners, LLC, UnitedLex Corporation and Lynn L. Tavenner 

as Chapter 7 Trustee [AP. Docket No. 7]; 

5. Pre-Trial Order [AP. Docket No. 9]; 

6. Notice of Appearance filed by David G. Barger of Greenberg Traurig, LLP on 

behalf of ULX Partners, LLC, UnitedLex Corporation [AP. Docket No. 10]; 

7. Transcript filed Re: Hearing Held 12/17/2020 [AP. Docket No. 11]; 

8. Motion for Withdrawal of Reference and Memorandum in Support Thereof [AP. 

Docket No. 13]; 

9. Designation of Record Regarding Withdrawal of Reference (and all documents 

identified therein) [AP. Docket No. 15]; 

10. Notice of Motion regarding Motion for Withdrawal of Reference [AP. Docket No. 

16]; 

11. Defendants’ Motion to Partially Dismiss the Complaint [AP. Docket No. 17]; 

12. Defendants’ Memorandum in Support of Motion to Partially Dismiss the Complaint 

(including all exhibits) [AP. Docket No. 18]; 

13. Trustee’s Opposition to Defendants’ Motion for Withdrawal of Reference [AP. 

Docket No. 19]; 

14. Trustee’s Designation of Record Regarding Withdrawal of Reference (and all 

documents identified therein) [AP. Docket No. 20]; 

15. Reply to Trustee’s Objection to Defendants’ Motion to Withdraw the Reference 

[AP. Docket No. 21]; 

16. Supplemental Statement of the Record (and all documents identified therein) [AP. 

Docket No. 22]; 

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17. Trustee’s Opposition to Defendants’ Motion to Partially Dismiss the Complaint [AP. 

Docket No. 25]; 

18. Reply to Trustee’s Opposition to Defendants’ Motion to Partially Dismiss the 

Complaint [AP. Docket No. 26]; 

19. Notice of Hearing [AP. Docket No. 27]; 

20. Certificate of Service of Discovery Documents [AP. Docket No. 28]; 

21. Stipulation by Lynn L. Tavenner, as Trustee, Reflecting Agreed Protective Order 

with Defendants [AP. Docket No. 29]; 

22. Order Continuing Hearing [AP. Docket No. 30]; 

23. Proposed Findings of Fact and Conclusions of Law regarding Defendants’ Motion to 

Withdraw the Reference [AP. Docket No. 32]; 

24. Objection to Bankruptcy Court’s Proposed Findings of Fact and Conclusions of Law 

(including all exhibits) [ AP. Docket No. 35]; 

25. Certificate of Service of Subpoena (McGladrey/RSM) [AP. Docket No. 36]; 

26. Certificate of Service of Subpoena (Wells Fargo) [AP. Docket No. 37]; 

27. Certificate of Service of Subpoena (Elliott Davis, LLC) [AP. Docket No. 38]; 

28. Certificate of Service of Subpoena (SB2 Consultants LLC) [AP. Docket No. 39]; 

29. Certificate of Service of Subpoena (Bruce Green) [AP. Docket No. 40]; 

30. Order Setting Status Conference [AP. Docket No. 41]; 

31. Trustee’s Response to Defendants’ Objection to the Bankruptcy Court’s Proposed 

Findings of Fact and Conclusions of Law (including all exhibits) [AP. Docket No. 

43]. 

B. BANKRUPTCY PROCEEDING NO. 19-34574 (KRH)

32. Declaration of Lori D. Thompson, Esq. in Support of Chapter 11 Petition and 

First Day Motions [Docket No. 3] filed on September 3, 2019; 

33. Motion of LeClairRyan PLLC for Entry of Interim and Final Order Authorizing 

the Debtor to Use Cash Collateral [Docket No. 13]; 

34. Declaration of Guy A. Davis in Support of Motion of LeClairRyan PLLC for 

Entry of Interim and Final Order Authorizing the Debtor to Use Cash Collateral 

[Docket No. 14] filed on September 3, 2019; 

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35. Interim Order Authorizing LeClairRyan PLLC to Use Cash Collateral, Granting 

Adequate Protection and Related Relief, and Scheduling a Final Hearing 

[Docket No. 41] entered on September 4, 2019; 

36. United States Trustee Motion to Convert Case to Chapter 7 [Docket No. 61] 

filed on September 12, 2019; 

37. Notice of Appearance of David G. Barger filed by David G. Barger of 

Greenberg Traurig, LLP on behalf of ULX Partners, LLC and UnitedLex 

Corporation [Docket No. 62]; 

38. Motion to Appear Pro Hac Vice of John Gregory Milmoe filed by David G. 

Barger of Greenberg Traurig, LLP on behalf of ULX Partners, LLC and 

UnitedLex Corporation [Docket No. 63]; 

39. Notice of Appearance of Thomas John McKee Jr. filed by Thomas John McKee 

Jr. of Greenberg Traurig, LLP on behalf of ULX Partners, LLC and UnitedLex 

Corporation [Docket No. 64]; 

40. Second Interim Order Authorizing LeClairRyan PLLC to Use Cash Collateral, 

Granting Adequate Protection and Related Relief, and Scheduling a Final 

Hearing [Docket No. 124] entered on September 26, 2019; 

41. Order of Conversion of Chapter 11 to Chapter 7 [Docket No. 140] entered on 

October 4, 2019; 

42. Trustee’s Motion for Use of Cash Collateral and Grant of Adequate Protection 

Related Thereto and Memorandum in Support Thereof [Docket No. 143] filed on 

October 4, 2019; 

43. Chapter 7 Trustee’s First Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 151] entered on October 4, 2019; 

44. Appointment of Interim Trustee and Designation of Required Bond [Docket No. 

175] filed on October 23, 3019; 

45. Chapter 7 Trustee’s Second Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 191] entered on October 24, 2019; 

46. Chapter 7 Trustee’s Third Interim Order of (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363 and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 255] filed on November 22, 2019; 

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47. Chapter 7 Trustee’s Fourth Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 309] entered on December 20, 2019; 

48. Chapter 7 Trustee’s Fifth Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 339] entered on January 31, 2020; 

49. Order Approving Procedures and Permitting Trustee to Prosecute and 

Compromise NFA Avoidance Actions [Docket No. 385] entered on February 27, 

2020; 

50. Order Approving Procedures and Permitting Trustee to Prosecute and 

Compromise AR Actions [Docket No. 386] entered on February 27, 2020; 

51. Chapter 7 Trustee’s Sixth Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 387] entered on February 27, 2020; 

52. Chapter 7 Trustee’s Seventh Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 453] entered on May 8, 2020; 

53. Order Approving Procedures and Permitting Trustee to Prosecute and 

Compromise FAO Actions [Docket No. 533] entered on June 15, 2020; 

54. Proposed Budget to Eighth Interim Cash Collateral Order [Docket No. 540] filed 

on June 25, 2020; 

55. Chapter 7 Trustee’s Eighth Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 550] entered on July 1, 2020; 

56. Motion of Chapter 7 Trustee for an Order Authorizing it to Conduct Bankruptcy 

Rule 2004 Examinations of Persons and Entities [Docket No. 555] filed on July 

15, 2020; 

57. Order Authorizing Chapter 7 Trustee to Conduct Bankruptcy Rule 2004 

Examinations of Persons and Entities [Docket No. 594] entered on August 13, 

2020; 

58. Exhibit 1 to Proposed Ninth Interim Cash Collateral Order [Docket No. 607] 

filed on August 27, 2020; 

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59. Chapter 7 Trustee’s Ninth Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

Granting Adequate Protection and Related Relief to Prepetition Senior Secured 

Lenders [Docket No. 617] entered on September 1, 2020; 

60. Docket Entry: Hearing held; Application APPROVED as set out in open court; 

order to be submitted; Appearance(s): Paula Beran for Trustee; Erica Morabito, 

Special Counsel, for Trustee; Kathryn Montgomery for Office of the US Trustee; 

and Thomas McKee for ULX Partners, LLC (Re: related document(s) [625] 

Application for Compensation filed by Lynn L. Tavenner) (Gary, Lisa) [Docket 

No. 641] entered on September 30, 2020; 

61. Trustee’s Supplemental Motion for Use of Cash Collateral and Grant of Adequate 

Protection Related Thereto, If Appropriate, and Memorandum in Support Thereof 

[Docket No. 645] filed on October 2, 2020; 

62. Proposed Budget Related to Trustee’s Supplemental Motion for Use of Cash 

Collateral [Docket No. 656] filed on October 13, 2020; 

63. Objection of ULX Partners, LLC to the Supplemental Motion for Use of Cash 

Collateral and Grant of Adequate Protection Related Thereto, If Appropriate, and 

Memorandum in Support Thereof [Docket No. 658] filed on October 16, 2020; 

64. Trustee’s Reply in Support of Her Supplemental Motion for Use of Cash Collateral 

and Grant of Adequate Protection Related Thereto, if Appropriate, and 

Memorandum in Support Thereof [Docket No. 667] filed on October 27, 2020; 

65. Docket Entry: Hearing held and continued; Declaration of Lynn Tavenner, Trustee 

[669] and Exhibits Thereto [670], [671], and [672] ADMITTED. Appearance(s): 

Paula Beran for Trustee; Thomas John McKee, Jr., David G. Barger, and J. Gregory 

Milmoe of Greenberg Traurig on behalf of ULX Partners, LLC (Re: related 

document(s) [645] Motion to Approve Use of Cash Collateral filed by Lynn L. 

Tavenner) Hearing scheduled for 10/30/2020 at 11:00 AM at Judge Huennekens' 

Courtroom, 701 E. Broad St., Rm. 5000, Richmond, Virginia. (Gary, Lisa) [Docket 

No. 679] entered on October 29, 2020; 

66. Order Continuing Hearing [Docket No. 680] entered on October 29, 2020; 

67. Docket Entry: Hearing held; Evidence Presented; Argument(s) Held; Motion 

GRANTED. Witness Sworn: Lynn L. Tavenner, Trustee. Appearance(s): Paula 

Beran for Trustee; Erica Morabito, Special Counsel, for Trustee; Douglas Foley 

David G. Barger, and J. Gregory Milmoe of Greenberg Traurig on behalf of ULX 

Partners, LLC; Douglas Foley for ABL Alliance, LLLP (Re: related document(s) 

[645] Motion to Approve Use of Cash Collateral filed by Lynn L. Tavenner) (Gary, 

Lisa) [Docket No. 681] entered on October 30, 2020; 

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68. Chapter 7 Trustee’s Tenth Interim Order (I) Authorizing Use of Prepetition 

Secured Lenders’ Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, and (II) 

GrantingAdequate Protection and Related Relief to Prepetition Senior 

Secured Lenders [Docket No. 682] entered on November 2, 2020; 

69. Transcript of Hearing held on December 19, 2019 at 1:05 p.m. [Docket No. 743]. 

70. Transcript of Hearing held on October 29, 2020 at 11:00 a.m. [Docket No. 

757]; 

71. Transcript of Hearing held on October 30, 2020 at 11:00 a.m. [Docket No. 689]. 

C. CLAIMS REGISTER FOR BANKRUPTCY CASE NO. 19-34574-KRH 

72. Proof of Claim No. 174-1 filed by ULX Partners, LLC on December 12, 2019; 

73. Proof of Claim No. 175-1 filed by ULX Partners, LLC on December 12, 2019; and 

74. Proof of Claim No. 175-2 filed by ULX Partners, LLC on December 13, 2019. 

Dated: May 3, 2021 Respectfully submitted, 

 /s/ David G. Barger 

David G. Barger (VSB No. 21652) 

Thomas J. McKee, Jr. (VSB No. 68427) 

J. Gregory Milmoe (admitted pro hac vice) 

Greenberg Traurig, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

Telephone: (703) 749-1300 

Fax: (703) 749-1301 

Email: mckeet@gtlaw.com 

Counsel to Defendants 

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CERTIFICATE OF SERVICE 

 I hereby certify that on this 3rd day of May 2021, I served a true and correct copy of the 

foregoing document via electronic mail upon: 

 Erika L. Morabito, Esq. (emorabito@foley.com) 

 Brittany J. Nelson, Esq. (bnelson@foley.com) 

FOLEY & LARDNER LLP 

 3000 K Street, NW, Suite 600 

 Washington, DC 20007-5109 

 Special Counsel to Lynn L. Tavenner, Chapter 7 Trustee 

_/s/ David G. Barger __________

David G. Barger (VSB No. 21652) 

Thomas J. McKee, Jr. (VSB No. 68427) 

J. Gregory Milmoe (admitted pro hac vice) 

Greenberg Traurig, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

Telephone: (703) 749-1300 

Fax: (703) 749-1301 

Email: mckeet@gtlaw.com 

Counsel to Defendants

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