INTRODUCTION

One of this firm's principals, David R. Ruby, concentrates on representing clients in a variety of transactional, financial and litigation matters involving bankruptcy and creditors' rights issues. Clients include institutional lenders, business clients, governmental entities, trustees, committees and individuals. Mr. Ruby focuses on the transactional, financial and bankruptcy aspects of the practice and is assisted in litigation matters by other firm principals and associates. Representation is provided statewide before all tribunals. Mr. Ruby serves as special bankruptcy counsel to the Attorney General of the Commonwealth of Virginia and as a Chapter 7 Trustee for the Newport News, Virginia area. Mr. Ruby is a past Chairman of the Bankruptcy Law Section of the Virginia Bar Association.

Bankruptcy

• Pre-bankruptcy Planning and Consulting
• Representation of Debtors, Creditors, Governmental Entities, Trustees and Committees in Chapter 7, 11 & 13 Cases
• Contested Matters, Adversary Proceedings and Appellate Proceedings
• Preferential Transfer and Fraudulent Conveyance Actions
• Debtor-In-Possession Financing and Leasing
• Dischargeability Contests

Creditors' Rights and Related Areas

• Financing, Restructuring and Acquisition of Troubled Businesses
• Commercial, Real Estate and Equipment Lending, Financing and Leasing
• Secured Transactions
• Accounts Receivable, Financing and Factoring
• Loan Workouts
• Attachment, Repossession, Collection, Deficiency and Detinue (Replevin)
• Foreclosures and Liquidations
• Contests Involving Negotiable Instruments
• Tax Matters
• Landlord and Tenant Matters
• Mechanics' Lien and Other Lien Contests

The firm's lawyers provide regular counseling and representation to a diverse group of clients in many industries in this practice area. Representative clients range from individuals to governmental entities and Fortune 500 companies. The firm often serves as local counsel and receives many conflict referrals from national law firms.

Examples of clients and cases include:

• Commonwealth of Virginia: Representation of Virginia Attorney General as special bankruptcy counsel on ongoing basis in bankruptcy matters. Representation has included the Lottery Department in major financial fraud/bankruptcy case, the Workers' Compensation Commission in coal company bankruptcy in Denver, Colorado, the Department of Motor Vehicles regarding non-payment of trust fund fuel taxes and the Department of Medical Assistance Services in nursing home bankruptcy. The firm successfully defended the Department of Corrections on constitutional sovereign immunity grounds in $800,000 turnover action in bankruptcy court.
• Fannie Mae: Defeated debtor's Acram-down@ plan of reorganization and obtained relief from stay regarding real estate assets valued in excess of $5,000,000.00.
• Canadian Bank: Repossessed bank's secured collateral, shut down manufacturing facility, assisted in collection of accounts receivables and successfully prosecuted 80 cases, resulting in complete recovery - all outside of bankruptcy context.
• Asset-Based Lenders: Representation of national and international lenders in more than 100 cases, including successful defense through the Fourth Circuit Court of Appeals of lien challenge against lender's security interest in collateral valued in excess of $2,000,000.00.
• Repossessions / UCC Sales / Acquisition of Troubles Businesses: Regional publishing company including intellectual rights, a radio station, a biochemical company, a local brokerage firm and a textile processing facility.
• Forced Appointment of Chapter 11 Trustee and obtained full recovery for special committee / investment group in complex multi-million dollar bankruptcy case in Pittsburgh, Pennsylvania.

• David R. Ruby (co-author), The Dark Side of the Moon: A Bankruptcy Primer for the Securities Arbitration Practitioner, Securities Arbitration 1996 (Practicing Law Institute 1996).
• David R. Ruby (co-author), Tips for Protecting the Secured Creditor, 43 Virginia Lawyer 21 (April 1995).