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r. Hastings is a shareholder and the Group Leader of the Firm’s Bankruptcy Group. His practice involves the representation of business debtors in connection with asset protection and planning, out of court loan workouts, out of court arrangements with creditors, and liquidations and reorganizations in Chapter 11 cases. He also represents secured and unsecured lenders in connection with troubled loan relationships. Mr. Hastings represents financial institutions and other creditors in state and federal courts. He is experienced with debtor-in-possession financing, executory contracts and unexpired leases, contested Chapter 11 plan confirmation, and bankruptcy court jurisdiction and venue disputes. Mr. Hastings has played an active role in many of the larger Chapter 11 cases in the Western District of Virginia, including roles as counsel for debtors, lenders, purchasers of assets from Chapter 11 debtors, creditors’ committees, and parties to litigation in bankruptcy cases. He also represents parties to commercial litigation in state and federal courts, including disputes involving the Uniform Commercial Code, mechanics’ lien disputes, and other disputes involving lien rights and priorities. Additionally, Mr. Hastings represents lenders and debtors in complex litigation involving fiduciary duties of principals and employees of debtors, fraudulent conveyance, preference and other litigation involving the avoidance powers contained in the Bankruptcy Code, and litigation concerning business torts. Legal Experience LeClairRyan, Roanoke, Virginia, 2001 - present Clement & Wheatley, P.C., Danville, Virginia, 1999 - 2001 Daniel, Vaughan, Medley & Smitherman, P.C., Danville, Virginia, 1993 - 1999 Education Washington & Lee University School of Law, J.D., 1993 Eastern New Mexico University, B.B.A., Business Administration, Economics, cum laude, 1989 Extended Information Representative Matters Represented the debtor, R.J. Reynolds Patrick County Community Hospital, in its Chapter 11 bankruptcy case filed in the Western District of Virginia, Danville Division. Represent an industrial customer of a wastewater treatment facility owned by the debtor in the Chapter 11 case of S.I.L. Cleanwater, Inc., pending in the Western District of Virginia, Harrisonburg Division. Represented the debtor, Haleos, Inc., in its Chapter 11 case filed in the Western District of Virginia, Roanoke Division. Represents the debtor, Blue Ridge Passage Resorts, Inc., in its Chapter 11 case pending in the Western District of Virginia, Danville Division. Represents the Official Committee of Unsecured Creditors in the Chapter 11 case filed by P.A. Plymouth, Inc., pending in the Western District of Virginia, Roanoke Division Represented the debtor, Five Forty Park Corporation in its Chapter 11 case pending in the Western District of Virginia, Abingdon Division. Represented the purchaser of a manufacturing facility in the Chapter 11 case of RBX, Inc., in its Chapter 11 case pending in the Western District of Virginia, Roanoke Division. Represented multiple defendants in preference actions filed in the RBX, Inc. bankruptcy case pending in the Western District of Virginia, Roanoke Division. Represented the debtor, Atlas Partners II, Limited Partnership, in its Chapter 11 case pending in the Western District of Virginia.Represented the debtor, Jefferson Mills, Inc., in its second Chapter 11 bankruptcy case filed in the Western District of Virginia, Roanoke Division. Represented a major material supplier in the Chapter 11 bankruptcy case of Active Wear, Inc., filed in the Western District of Virginia. Represented the debtor, Heilig-Meyers, Inc. in the defense of a $1 Billion claim filed by a secured creditor. Represented a secured lender at trial and obtained a defense verdict in an adversary proceeding alleging breach of the peace in a Chapter 11 case pending in the Western District of Virginia, Roanoke Division Represented the debtor, Yates Home Sales in its Chapter 11 case filed in the Western District of Virginia, Danville Division. Represented the debtor, Mechanical Power, Inc., in its Chapter 11 bankruptcy case filed in the Western District of Virginia, Danville Division. Represented the debtor, C.V.A.P.,Inc., in its Chapter 11 bankruptcy case filed in the Western District of Virginia, Danville Division Honors and Awards Listed in The Best Lawyers in America in Bankruptcy and Creditor-Debtor Rights law Repeatedly voted by other lawyers in Virginia as one of "Virginia’s Legal Elite-Virginia’s Best Lawyers" among bankruptcy attorneys and young attorneys, as reported in Virginia Business magazine Listed in Richmond Magazine’s Super Lawyers Rising Stars. Professional Memberships Chair, Virginia Bar Association Bankruptcy Law Section Fraternity/Sorority Memberships Kappa Sigma Admissions Virginia, 1993 United States Bankruptcy Court for the Western and Eastern Districts of Virginia, 1993 United States District Courts for the Western and Eastern Districts of Virginia, 1993 United States Court of Appeals for the Fourth Circuit, 1993 Place of Birth Cheyenne, Wyoming |
