Bankruptcy Practice in Virginia

Hon. Kevin R. Huennekens, co-editor of this book, was appointed to fill a new judgeship in the United States Bankruptcy Court for the Eastern District of Virginia in 2006. He formerly was a partner with Kutak Rock LLP and practiced in the firm’s Richmond office. He specialized in creditors’ rights, bankruptcy, and commercial litigation. Mr. Huennekens has represented banks and business clients throughout the country in bankruptcies and workouts. He earned a B.A. from The College of William & Mary in 1975 and a law degree from the Marshall-Wythe School of Law at The College of William & Mary in 1978, where he was a member of the Law Review and the Order of the Coif. He has served as Chairman of the Bankruptcy Section of the Richmond Bar Association and has taught the bankruptcy course as an adjunct professor of Law at Marshall-Wythe School of Law at The College of William & Mary. Mr. Huennekens is listed in the 1995 through 2004 editions of Best Lawyers in America and is a Fellow of the American College of Bankruptcy. He has authored law review articles and speaks regularly at Virginia CLE’s Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice. Mr. Huennekens successfully argued the case of Patterson v. Shumate before the United States Supreme Court.

H. David Cox, co-editor of this book, practices bankruptcy law throughout the Western District of Virginia, with offices in Lynchburg, Danville, Staunton, Harrisonburg and Winchester. His practice and the practices of the other attorneys in his firm focus exclusively on the representation of debtors in bankruptcy and related proceedings. Before entering private practice, Mr. Cox served as a judicial law clerk for the late Hon. William E. Anderson, Bankruptcy Judge for the Western District of Virginia. Mr. Cox is a past member of the Virginia State Bar’s Board of Governors for the Bankruptcy Section and is a Council Member of the Virginia Bar Association’s Bankruptcy Section. He has spoken at numerous CLE programs related to bankruptcy across the country. Mr. Cox is a permanent member of the Fourth Circuit Judicial Conference and a Fellow of the American College of Bankruptcy.

Kelly M. Barnhart, co-author of Chapter 7 of this book, is a partner with Roussos, Glanzer & Barnhart, PLC. Her practice focuses on bankruptcy, corporate reorganization, corporate finance and farm insolvencies. She represents debtors, creditors, and trustees, including one of the two standing Chapter 13 trustees for the Norfolk and Newport News Divisions for the Eastern District of Virginia.

Ms. Barnhart graduated from Randolph-Macon Woman’s College with a Bachelor of Arts degree in history and political science. In 2002, she received her Juris Doctor degree from the University of Mississippi School of Law, but spent her third year of law school as a visiting student at the University of Notre Dame School of Law. Ms. Barnhart was admitted to the Virginia State Bar in 2004. She is a member of the Virginia Bar Association, the American Bar Association, and the Tidewater Bankruptcy Bar Association, for which she is one of the past presidents. In addition, she is a past member of the Bankruptcy Bar Liaison Committee for the Norfolk and Newport News Divisions of the Eastern District of Virginia. Ms. Barnhart is admitted to practice in the United States Bankruptcy Courts for the Eastern and Western Districts of Virginia, the United States District Courts for the Eastern and Western Districts of Virginia, and in all courts in the Commonwealth of Virginia.

Paula S. Beran, co-author of Chapter 8 of this book, is a founding member of Tavenner & Beran, PLC. Her practice has focused on bankruptcy and insolvency matters throughout her career. She has extensive experience in this area, including representing Chapter 11 debtors, official committees of unsecured creditors, stalking horse purchasers, and Chapter 7 and liquidation trustees. She has also represented entities in out-of-court reorganizations and liquidations and served as a corporate receiver in a matter pending in a Virginia circuit court. Prior to entering private practice, Ms. Beran served as bankruptcy law clerk to the Honorable Douglas O. Tice Jr. in the U.S. Bankruptcy Court for the Eastern District of Virginia. She also served as law clerk to U.S. Court of Appeals, Fourth Circuit, Office of Staff Counsel from 1992 to 1994. She currently serves on the Bar Council of the Virginia State Bar. An AV Peer Review Rated attorney by Martindale-Hubbell, Ms. Beran was selected as one of the Top 25 Female Attorneys by Virginia Super Lawyers. She has been recognized in the bankruptcy/creditors’ rights field in numerous editions of Best Lawyers in America, Virginia Super Lawyers, and Virginia Business magazine. She earned her J.D. and M.B.A., cum laude, from Wake Forest University and her B.A, cum laude, from Randolph Macon College.

Herbert L. Beskin, co-author of Chapter 10, practiced consumer bankruptcy law for 25 years in Charlottesville before being appointed a Chapter 13 Bankruptcy Trustee for the Western District of Virginia in 2003. He has been a Virginia CLE lecturer since 1993, written articles for The Virginia Lawyer and the National Association of Chapter 13 Trustees website, and taught law related courses at both the University of Virginia and Piedmont Virginia Community College. From 1991 to 1997 he served on the Board of Governors of the Bankruptcy Law Section of the Virginia State Bar. He has co-authored two chapters of the Virginia CLE publication Bankruptcy Practice in Virginia: Chapter 7 practice in the first edition with Douglas Little, and Chapter 13 practice in the second and third editions with Judge Rebecca Connelly.

Hon. Paul M. Black, co-author of Chapter 5 of this book, was appointed as United States Bankruptcy Judge for the Western District of Virginia in 2014. A native of Roanoke, Virginia, Judge Black received his undergraduate degree from Washington and Lee University in 1982, studied at Cambridge University in England, and received his law degree from the University of Richmond in 1985. He then served as law clerk to the Honorable Blackwell N. Shelley, United States Bankruptcy Judge for the Eastern District of Virginia. After practicing law in Richmond for several years, Judge Black returned to Roanoke where he was a member of the regional firm of Spilman Thomas & Battle, PLLC. At Spilman, he was co-chair of the Bankruptcy and Creditor’s Rights practice group, and his practice focused on commercial litigation, bankruptcy, and banking and finance law. In private practice, he was named to Best Lawyers in multiple areas related to finance and insolvency, to Virginia’s Legal Elite by Virginia Business magazine in both Civil Litigation and Bankruptcy Law, and as a Virginia Super Lawyer in the field of Bankruptcy Law.

For many years, Judge Black was an active participant in the Boyd-Graves Conference of the Virginia Bar Association, which studies and makes recommendations to the Virginia legislature on improvements to civil practice in Virginia. He was past chair of the Litigation Section of the Virginia State Bar and also chair of the Bankruptcy Section of the Virginia Bar Association. He served as a member of the Virginia State Bar Disciplinary Board from 2007-2013. Judge Black is a frequent speaker at Virginia CLE seminars.

William E. Callahan, Jr., co-author of Chapter 16 of this book, is a member of LeClair Ryan, a 300-plus attorney, full-service law firm. Mr. Callahan’s practice focuses primarily on business bankruptcy and creditors’ rights litigation. Mr. Callahan earned a B.A. with honors from the University of Virginia and a J.D., magna cum laude and Order of the Coif, from the Washington & Lee University School of Law. He is a member of the American Bar Association, the American Bankruptcy Institute, the Federal Bar Association, the Virginia State Bar, and the Roanoke Bar Association. Mr. Callahan has been selected as one of The Best Lawyers in America and is among Virginia’s Legal Elite.

William H. Casterline, Jr., co-author of Chapters 3 and 15 of this book, is a principal with Blankingship & Keith, P.C. His practice focuses on commercial real estate and creditors’ rights. He has handled thousands of residential foreclosures and related bankruptcies and over 500 commercial foreclosures. Mr. Casterline is the editor of Virginia Foreclosure Practice, and he frequently lectures on foreclosures and creditors’ rights in bankruptcies. His creditors’ rights practice includes receiverships, unlawful detainers, suits to enforce judgments, and deficiency lawsuits. He represents only creditors in bankruptcy cases, including relief from stay motions, objections to plans, claims disputes and preference defenses. He also represents commercial landlords in tenant bankruptcies. He has been retained in dozens of cases as an expert witness on foreclosures and trustee duties. Mr. Casterline received his B.A. from the University of Richmond in 1973, and his J.D. from the Marshall-Wythe School of Law in 1976, where he served on the William & Mary Law Review. Following law school, he served four years as a Captain in the United States Army Judge Advocate General Corps. He is a fellow in both the American College of Real Estate Lawyers and the American College of Mortgage Lawyers.

Michael A. Condyles, author of Chapter 6 of this book, is the managing partner of Kutak Rock LLP’s Richmond, Virginia office, represents creditors, debtors, creditors’ committees and trustees in all aspects of bankruptcy cases. His practice includes out-of-court workouts and debt recovery litigation on behalf of creditors and debtors. Mr. Condyles possesses a broad range of experience in analyzing, structuring and negotiating a variety of distressed commercial transactions in connection with in and out-of-court restructur¬ings. Recent engagements include the representation of Penn Virginia Corporation and its eight affiliates, one of the nation’s leading oil and gas companies engaged in the acquisition, development and production of oil and natural gas reserves, as well as Patriot Coal Corporation and 47 of its affiliates, which was the second largest producer and miner of coal east of the Mississippi, in their Chapter 11 proceedings. Mr. Condyles also represented Movie Gallery, Inc. and its subsidiaries, formerly the second largest North American home entertainment specialty retailer, in their Chapter 11 cases.

Mr. Condyles is a past Chair and a former member of the Board of Governors and Executive Committee of the Bankruptcy Section of the Virginia State Bar; is listed in The Best Lawyers in America; has been recognized by Best Lawyers in America as Lawyer of the Year; and has achieved Martindale-Hubbell’s highest rating for legal ability and ethical standards. Mr. Condyles also has been appointed by the U.S. District Court, Eastern District of Virginia as a Special Master. He received his law degree from The T.C. Williams School of Law at the University of Richmond, where he was a Member of the University of Richmond Law Review, and his B.S. in Political Science from James Madison University. After law school, he clerked for the Honorable Blackwell N. Shelley, U.S. Bankruptcy Judge for the Eastern District of Virginia.

Hon. Rebecca B. Connelly, co-author of Chapters 2 and 10 of this book, is the Chief United States Bankruptcy Judge for the Western District of Virginia. In July 2012, she was appointed to replace the Honorable Ross W. Krumm who retired from service as a Bankruptcy Judge on August 1, 2012. She is a former Standing Chapter 13 Trustee and Chapter 12 Trustee for the Western District of Virginia. She has been a frequent speaker and author for Virginia Continuing Legal Education programs and publications.

Dale A. Davenport, co-author of Chapter 4 of this book, practices in the areas of bankruptcy and general business law. He earned a B.A., summa cum laude, in 1973 from Oxford College of Emory University and the University of Georgia and a J.D. in 1976 from the University of Virginia, Phi Beta Kappa. He is a member of the Virginia State Bar and is a past chair of the Board of Governors of the Bankruptcy Section.

Guy A. Davis, co-author of Chapter 14 of this book, is a managing director of Protiviti, Inc. and directs the firm’s Richmond office. He has 28 years of accounting, finance, and consulting experience in the areas of corporate restructuring, commercial litigation, financial investigations, and valuations. Mr. Davis earned a B.S. in finance from the University of Richmond and an M.B.A. from Loyola College in Baltimore. He is a Certified Public Accountant licensed in Virginia, a Certified Insolvency and Restructuring Advisor, a fellow in the American College of Bankruptcy, and a Certified Fraud Examiner. Throughout his career, Mr. Davis has performed financial and accounting analyses and testified as an expert in a broad range of litigation matters involving bankruptcy, forensic accounting, business valuation, breach of contract, lost profits, franchise termination, intellectual property valuation, and fraud.

Douglas M. Foley, co-author of Chapter 11, has substantial experience representing large and small creditors and debtors in a variety of business Chapter 11 proceedings throughout the United States. He has also had significant involvement in many of the largest Chapter 11 cases filed in the Eastern District of Virginia, including Workflow Management Inc., Circuit City Stores Inc., Movie Gallery Inc., Rowe Furniture Inc., US Airways Group Inc.; AMF Bowling Worldwide Inc.; Best Products Company Inc.; Heilig-Meyers Company; Trak Auto Corporation; and FasMart Convenience Stores. He also served as chairperson of McGuireWoods’ Restructuring and Insolvency Department from September 2006 through August 2012.

In 2011, Mr. Foley was inducted into the American College of Bankruptcy (Class XXII). He is certified in business bankruptcy law by the American Board of Certification Standards Committee, an affiliate of the American Bankruptcy Institute. He focuses his practice on all aspects of insolvency and debtor-creditor issues and has spoken at various bankruptcy bar and trade association meetings on bankruptcy topics.

Mr. Foley is a past chairperson of the Virginia State Bar Bankruptcy Law Section Board of Governors. Following law school, he served as a law clerk for the Honorable Loren A. Smith, Chief Judge at the U.S. Court of Federal Claims, and for the Chief Judge Douglas O. Tice Jr. of the U.S. Bankruptcy Court for the Eastern District of Virginia.

David W. Gaffey, co-author of Chapter 13 of this book, is an associate in the Falls Church office of Whiteford, Taylor & Preston, LLP. His practice primarily focuses on business bankruptcy, creditors’ rights, and out-of-court workouts. Prior to joining Whiteford, Taylor & Preston, LLP, he served as law clerk to the Honorable Kevin R. Huennekens in the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division, from 2011 to 2012. He earned a B.A. in History with a minor in Economics magna cum laude from Duke University in 2006, and a J.D. with honors from The George Washington University Law School in 2010. He is admitted to practice in Virginia and Massachusetts, and is a member of the American Bankruptcy Institute, American Bar Association, Virginia Bar Association, Walter Chandler American Inn of Court (Washington, D.C. chapter), Northern Virginia Bankruptcy Bar Association, and Turnaround Management Association. He was named a Virginia “Rising Star” in 2016 by Super Lawyers magazine.

John P. Goetz, co-author of Chapter 2, earned a B.S. from Liberty University and a J.D. from Liberty University School of Law. He practices with the firm of John Goetz Law, PLC, in Warrenton, Virginia, and is the owner of the same. Mr. Goetz represents consumer debtors in Chapter 7 and Chapter 13 Bankruptcies and represents small businesses in Chapter 7 Bankruptcies. Mr. Goetz is a member of the Bankruptcy Law Section of the Virginia State Bar and the National Association of Consumer Bankruptcy Attorneys.

Michael E. Hastings, co-author of Chapter 13, is a partner at Whiteford Taylor & Preston, LLP. Mr. Hastings has more than 23 years of experience representing clients in bankruptcy cases, insolvency and default situations and in commercial litigation. He has significant experience representing distressed companies and secured and unsecured lenders in out-of-court workouts, bankruptcy cases, and state and federal court litigation. He has extensive experience in the sale and purchase of businesses and/or assets in bankruptcy and pursuant to Article 9 of the Uniform Commercial Code. Mr. Hastings also has experience representing debtors, lenders and creditors’ committees in complex Chapter 11 bankruptcy cases involving sophisticated issues such as contested plan confirmation hearings, debtor in possession financing, contested asset purchase/sale litigation, lien validity and priority litigation, jurisdictional and venue disputes, complex avoidance action litigation, and litigation concerning fiduciary duties.

Mr. Hastings has been involved in bankruptcy cases concerning manufacturing, energy, health care, financial services, technology and distribution and logistics companies primarily in Virginia, New York and Delaware; however, he has represented clients in bankruptcy cases nationwide. In addition, Mr. Hastings has received the following recognitions: AV Peer Review Rated in Martindale-Hubbell; recognized in Chambers USA: America’s Leading Lawyers for Business, published by Chambers and Partners, in 2015 and 2016; listed in Virginia Super Lawyers, 2007 through the present, including being named among “Top 50 Virginia Lawyers” in 2010 and 2011, and among the “Top 100 Virginia Lawyers” in 2012 and 2014 through 2016; and listed in Virginia Business magazine’s “Legal Elite—Virginia’s Best Lawyers” from 2007 to the present. Mr. Hastings is the former Chair of the Virginia Bar Association’s Bankruptcy Law Section Council.

Dion W. Hayes, co-author of Chapter 11 of this book, is a partner in the Richmond office of McGuireWoods LLP, where he serves as chair of McGuireWoods’ 40-attorney restructuring and insolvency department. Since 1992, he has focused his practice on insolvency law and financial restructuring, including bankruptcy, out-of-court restructurings, distressed asset acquisitions and recapitalizations, and related litigation. He has particular recent experience in the coal, metals mining, and healthcare industries. He is currently co-counsel for the dip and 1L lenders in the Patriot Coal II, Alpha Natural Resources, and PennVirginia Corporation Chapter 11 cases (E.D. Va.) and counsel for a financial institution in the Telexfree Ponzi scheme Chapter 11 case (D. Mass.). He has recently appeared in bankruptcy courts and other federal courts in Delaware, Florida, New York, Texas, and Virginia.

Mr. Hayes received his J.D. from William & Mary Law School in 1992 and his B.A. from the University of Virginia in 1989. He has been selected for inclusion in Chambers USA (Tier 1) for Bankruptcy; The Best Lawyers in America in Bankruptcy and Creditor/Debtor Rights; Super Lawyers in Bankruptcy & Creditor/Debtor Rights, Banking, and Business Litigation; and the Legal Elite in Bankruptcy. He works out of McGuireWoods’ Richmond and New York offices and is admitted to practice in the District of Columbia, Maryland, New York, and Virginia.

Steven L. Higgs, co-author of Chapters 3 and 15 of this book, is the principal of Steven L. Higgs, P.C. in Roanoke. His areas of practice include representing creditors in bankruptcy cases, creditors’ rights, civil litigation, and real estate. He is a Chapter 7 Bankruptcy Panel Trustee for the Western District of Virginia. Mr. Higgs received his B.A. from Washington & Lee University and his J.D. from the T.C. Williams School of Law, University of Richmond. He is a frequent speaker for Virginia CLE and is a contributing author to, in addition to this book, four Virginia CLE publications: Debt Collection for Virginia Lawyers—A Systematic Approach, Enforcement of Liens and Judgments in Virginia, The Virginia Lawyer—A Deskbook for Practitioners, and Virginia Law and Practice: A Handbook for Attorneys. Mr. Higgs is the author or co-author of more than 100 articles, seminar outlines, and book chapters on bankruptcy law, creditors’ rights law, legal ethics, and real estate foreclosures.

Mr. Higgs is a member and past president of the Roanoke Bar Association and a member of the American Bar Association, the Virginia Bar Association, and the American Bankruptcy Institute. He is a Fellow of the American Bar Foundation, the Litigation Counsel of America, the National Conference of Bar Presidents, the Virginia Law Foundation, and the Roanoke Law Foundation. He is board certified by the American Board of Certification in both creditors’ rights law and consumer bankruptcy law.

Hannah W. Hutman, co-author of Chapter 4 of this book, represents businesses and individuals in bankruptcy proceedings and insolvency related matters. She earned a B.A., summa cum laude, in 2003 from Columbia Union College and a J.D. in 2006 from the Marshall Wythe School of Law at the College of William and Mary. Ms. Hutman is a member of the panel of Chapter 7 Trustees for the Western District of Virginia. She is also a member of the Virginia State Bar and board member of the Bankruptcy Section of the Board of Governors.

Christopher Jones, co-author of Chapter 13 of this Book, is a partner with Whiteford Taylor & Preston, LLP. He focuses his practice in all aspects of Chapter 11 bankruptcy law and insolvency related litigation. Mr. Jones regularly represents businesses in their restructuring efforts and throughout their liquidation. He routinely advises business owners, directors and officers regarding their duties and obligations when a company is distressed. Mr. Jones has served as counsel to official committees in numerous Chapter 11 bankruptcy cases in Virginia. He has also represented bankruptcy trustees and liquidating agents in a variety of litigation matters. Mr. Jones has testified as an expert witness regarding the reasonableness of attorneys’ fees in a Chapter 11 case. In addition to his work in the insolvency arena, Mr. Jones also has extensive experience in commercial litigation matters in federal court.

In addition to his law practice, Mr. Jones serves on the Board of the Northern Virginia Bankruptcy Bar Association and is a past-President of the Association. He also serves as Vice Chair of the Board of Governors of the Bankruptcy Law Section for the Virginia State Bar, and is the Vice Chair of the VBA’s Bankruptcy Law Section Council.

Mr. Jones has been listed in Virginia Business magazine’s “Legal Elite—Virginia’s Best Lawyers” and in Best Lawyers in America. He has also been selected as a Super Lawyer in Virginia. Mr. Jones is AV Peer Review Rated in Martindale-Hubbell. He is a 1992 graduate of Duke University and a 1996 graduate of the University of Richmond School of Law.

Mark C. Leffler, author of Chapter 1 of this book, is a shareholder with the Boleman Law Firm, P.C. He is President of the NACTT Academy for Consumer Bankruptcy Education and writes a recurring column for the Academy on post-confirmation issues in Chapter 13. Mr. Leffler is AV rated by Martindale Hubbell. He is a frequent speaker on bankruptcy for the National Association of Chapter 13 Trustees (NACTT) and Virginia CLE, and he is a member of the American Bankruptcy Institute (ABI) Consumer Commission, Chapter 7 Committee, and a Member of the Board of Governors for the VSB Bankruptcy Section. Mr. Leffler is a native of Williamsburg, Virginia, and received his law degree from Duquesne University School of Law in Pittsburgh, Pennsylvania.

Dennis T. Lewandowski, co-author of Chapter 5 of this book, is a partner with Kaufman & Canoles, P.C., where he is co-chair of the firm’s Bankruptcy, Creditor’s Rights, and Business Restructuring Group. He earned a law degree from the University of Notre Dame in 1982, studied at Notre Dame’s London Law Centre, and earned a bachelor’s degree from the University of Pittsburgh in 1979, summa cum laude, receiving the designation of “University Scholar.” Mr. Lewandowski specializes in bankruptcy and creditors right’s litigation in bankruptcy, state, and federal courts. He has served as Chair of the Bankruptcy Law Section of the Virginia State Bar as well as Chair of the Bankruptcy Law Section of the Virginia Bar Association. He is also a co-founder and past President of the Tidewater Bankruptcy Bar Association. Mr. Lewandowski is listed in Best Lawyers in America (in 2012 as Norfolk Bankruptcy and Creditor’s Rights Law Lawyer of the Year) and Virginia Business’ “Legal Elite” for bankruptcy-creditor’s rights. He regularly participates as a speaker and author on bankruptcy and creditors rights issues for Virginia CLE.

Douglas E. Little, author of Chapter 9 of this book, practices in the areas of bankruptcy law, real estate law, corporate and tax law, and wills and estates law. He served as a sergeant with the United States Army, working in military intelligence, from 1969 until 1971. Mr. Little earned a B.A. from Yale University in 1968 and a J.D. from the University of Virginia in 1975. He was admitted to the Virginia State Bar in 1975 and is also admitted to practice before the United States District Court for the Western District of Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Tax Court. Mr. Little is a member of the Charlottesville-Albemarle Bar Association and the Virginia State Bar. His reported cases include Bowles v. United States and Reynolds v. United States.

John K. Lyons, co-author of Chapter 14 of this book, is a managing director of Protiviti, Inc., where he heads the Tax Advisory Services for the firm’s Litigation, Restructuring, and Investigative Services division. Mr. Lyons began his career with Price Waterhouse & Co., joined C.W. Amos in 1988, and moved to PENTA Advisory Services in 1999, where he established the firm’s tax practice. PENTA Advisory Services was acquired by Protiviti, Inc. in 2007. Mr. Lyons earned a B.S. in accounting with honors and distinction in business studies from Stockton State College and J.D. and M.B.A. degrees from the University of Maryland. He is a certified Public accountant and a member in good standing of the Maryland Bar. He is a member of the American Institute of Certified Public Accountants, the Maryland Association of Certified Public Accountants, the Association of Insolvency and Reorganization Accountants, the Tax Sections of the American Bar Association and the Maryland Bar Association and the American Bankruptcy Institute.

Mr. Lyons is responsible for the administration of a wide variety of tax engagements encompassing a full range of tax services for partnerships, corporations, and individuals. His expertise includes partnership taxation, property management review, reorganization, debt restructuring, and merger and acquisition tax planning. Mr. Lyons has testified as an expert in tax and accounting matters before the United States Bankruptcy Court and the state court in Pennsylvania.

Bruce H. Matson, co-author of Chapter 16 of this book, is a member of LeClair Ryan, a full-service law firm with offices in ten states and the District of Columbia. His practice focuses primarily on business bankruptcy and creditors’ rights litigation. Mr. Matson earned an A.B. from the College of William and Mary and a J.D. from the Marshall-Wythe School of Law at the College of William and Mary. He is a member of the American Bar Association, the Virginia State Bar, and the Richmond Bar Association. Mr. Matson has been selected as one of The Best Lawyers in America and among Virginia’s Legal Elite. He is a frequent author and speaker on bankruptcy and commercial law matters, and is an adjunct professor at the T.C. Williams School of Law at the University of Richmond.

Richard C. Maxwell, author of Chapter 12 of this book, is a member of the firm of Woods Rogers PLC. He is head of the firm’s Bankruptcy and Creditors’ Rights Group. His practice area includes bankruptcy and creditors’ rights, commercial law, and equine law. He is a Fellow in the American College of Bankruptcy. He is also the former Director and Chairman of the Bankruptcy Section of the Virginia State Bar, the former Chairman of the Advanced Consumer Bankruptcy Law Conference, and serves on the planning committee for the Mid-Atlantic Institute on Bankruptcy and Reorganization Practice. He is the editor of the materials on Enforcement of Federal Liens and Foreign State Court Judgments contained in Enforcement of Liens and Judgments in Virginia published by the Virginia Law Foundation. Mr. Maxwell earned a bachelor’s degree from Lafayette College, a masters of business administration degree from Eastern Michigan University, and a law degree, cum laude, from the University of Richmond where he was a member of the Order of the Coif. He has been recognized in the Best Lawyers in America, Super Lawyers, and named as a Legal Elite by the Virginia Business magazine.

Jeremy B. Root, co-author of Chapters 3 and 15 of this book, is a principal with Blankingship & Keith, P.C., where his practice combines the trans-actional aspects of commercial real estate, such as commercial lending, acquisition, development, and leasing, with the enforcement of real estate liens through foreclosures and receiverships. He frequently represents creditors in bankruptcy matters, including relief from the automatic stay, claim objections, and preference defenses. Over the past fourteen years, Mr. Root has conducted hundreds of foreclosures, including multiple complex commercial matters. Mr. Root received his B.A. from Wheaton College (Ill.) in 1997, and his J.D. from George Mason University School of Law in 2003, where he served on the George Mason Law Review. Since 2012, he has served as a member of the Real Estate Section Council of the Virginia Bar Association, and is currently serving as vice-president of the Northern Virginia Bankruptcy Bar Association.

Hon. Frank J. Santoro, co-author of Chapter 7 of this book, before taking the bench, was a partner with Marcus, Santoro & Kozak, P.C. in Chesapeake. His practice focused exclusively on bankruptcy, corporate reorganization, and corporate finance since 1981. As Chapter 13 Trustee for filings in the Norfolk and Newport News divisions of the Eastern District of Virginia, Mr. Santoro supervised the administration of 6,000 to 7,000 bankruptcy cases, oversaw a staff of twenty, and was responsible for distributions to creditors in the $25 million to $30 million per year range. Mr. Santoro graduated in 1976 from Allegheny College, Phi Beta Kappa, with degrees in political science and economics-finance, obtaining honors in both fields of study. He graduated from the Marshall Wythe School of Law at the College of William and Mary in 1979. Mr. Santoro is a frequent speaker on bankruptcy and has participated in Virginia CLE’s Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice since 1987. He has also been a speaker at the Southeastern Bankruptcy Law Institute since 2000.

Mr. Santoro is a member of the American Bar Association, the Virginia State Bar, the Norfolk/Portsmouth Bar Association, the Portsmouth Bar Association, the Chesapeake Bar Association, the Federal Bar Association, and the Tidewater Bankruptcy Bar Association. He served as founding director and former chair of the board of directors of the Bankruptcy Law Section of the Virginia State Bar. Mr. Santoro is also a member of the Association of Trial Lawyers of America; served as a past President of the Norfolk Chapter of the Federal Bar Association; has been listed in Best Lawyers in America since 1989; is a member of the Merit Selection Panel for vacant positions on the United States Bankruptcy Court, Eastern District of Virginia; and is a Fellow of the American College of Bankruptcy.

Lynn L. Tavenner, co-author of Chapter 8 of this book, is a founding member of the Richmond, Virginia bankruptcy boutique of Tavenner & Beran, PLC, where she has practiced law since 2002. She also has served as a receiver, liquidation trustee, litigation trustee, Chapter 11 trustee, and, since 1997, as a member of the Richmond Chapter 7 panel of trustees. Before entering private practice, Ms. Tavenner served as a law clerk to The Honorable Douglas O. Tice Jr. in the U.S. Bankruptcy Court, Eastern District of Virginia. She is a Fellow of the American College of Bankruptcy, former member of the Board of Directors for the American Bankruptcy Institute and current member of the Board and Chair of the Executive Committee for the Credit Abuse Resistance Education (CARE) organization. She also has served on the Board of Governors for the Bankruptcy Section of the Virginia State Bar. An AV Peer Review Rated attorney by Martindale-Hubbell, Ms. Tavenner has been recognized in her field in numerous editions of Best Lawyers in America, Virginia Super Lawyers, and Virginia Business Magazine, including recognition for five consecutive years by Best Lawyers as the Richmond Area Bankruptcy Lawyer of the Year in her fields. She earned her undergraduate degree magna cum laude from Bridgewater College and her J.D. from Washington & Lee University School of Law.

Hon. Douglas O. Tice, Jr. (now retired), co-author of Chapter 8 of this book, was formerly Chief United States Bankruptcy Judge for the Eastern District of Virginia, sitting in Richmond. He earned undergraduate and law degrees from the University of North Carolina at Chapel Hill. Judge Tice was appointed to the bench in September 1987 and reappointed for a term ending September 2015. He was appointed Chief Judge in 1999. He is a former standing Chapter 13 trustee and Chapter 7 panel trustee. Judge Tice is a member of the National Conference of Bankruptcy Judges and the American Bankruptcy Institute, and a Fellow of the American College of Bankruptcy.