Brandy M. Rapp

Brandy M. Rapp

PARTNER
ROANOKE
T: 540.759.3577
F: 540.759.3567

RICHMOND
T: 540.759.3577
F: 540.759.3567

Ms. Rapp is a member of the firm's Business Solutions, Restructuring & Financial Litigation group. She has significant experience representing clients in bankruptcy cases, complex business litigation and business transactions, including out-of-court workouts.  Ms. Rapp has a diverse practice representing debtors, trustees, liquidation trusts, creditors' committees, secured creditors, lessors and unsecured creditors. She has substantial experience within the following industries: mining, health care and construction.

Recognition

  • IFLR1000 United States, "Highly Regarded" in Virginia Restructuring and Insolvency (2020)
  • The Best Lawyers in America®, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, and Litigation - Bankruptcy, (2013–Present); Roanoke Litigation - Bankruptcy "Lawyer of the Year" (2016)
  • Virginia Super Lawyer®, Bankruptcy and Creditor Debtor Rights (2022-present); "Rising Stars" (2009–2020)
  • Recognized by Lawdragon as one of the 500 Leading U.S. Bankruptcy & Restructuring Lawyers (2020-present)
  • Virginia Business magazine, Richmond Bankruptcy/Creditors' Rights "Legal Elite" (2019-2023)
  • American Bankruptcy Institute, "40 Under 40" Emerging Leaders in Insolvency Honoree (2019)
  • International Women’s Insolvency & Restructuring Confederation (IWIRC), Virginia Network, Western District Liaison (2019)
  • Roanoke Bar Association, "Young Lawyer of the Year" (2014)
 

Memberships & Activities

  • Adjunct Professor of Law, Washington & Lee University School of Law, Failing Businesses and Potential Remedies: Bankruptcy Practicum
  • Member, Board of Governors, Bankruptcy Section, Virginia State Bar
  • Charter Member and Committee Chair, Rotary Club of the Blue Ridge - New Generations
  • Law Clerk, Honorable William F. Stone, Jr., U.S. Bankruptcy Court for the Western District of Virginia, Roanoke, Virginia, 2005-2006
  • Member, The Ted Dalton American Inn of Court
  • Best Lawyers Designation

Chapter 11 Reorganizations, Bankruptcy Reorganizations and Bankruptcy

  • Ms. Rapp represented the debtor in a successful chapter 11 reorganization of a continuing care retirement community.   Ms. Rapp’s work as counsel for the debtor involved restructuring secured municipal bonds and obtaining a release of the moratorium on the collection of entrance fees imposed by the Virginia State Corporation Commission and the Virginia Department of Insurance.
  • Ms. Rapp has represented secured and unsecured creditors in a number of Chapter 11 cases involving sophisticated legal issues, including debtor in possession financing, adequate protection payments, use of cash collateral, lien validity and priority litigation, avoidance action litigation, and litigation involving the debtor’s assumption and/or rejection of leases and other executory contracts.
 

Loan Workouts and Financial Restructuring

  • Ms. Rapp has substantial experience representing lenders and borrowers in out-of-court loan workouts and financial restructuring transactions.
 

Creditors’ Committee Representation

  • Ms. Rapp has represented the Official Committee of Unsecured Creditors in several Chapter 11 bankruptcy cases, including Champion Enterprises, Inc. (Delaware), On-Site Sourcing, Inc. (Eastern District of Virginia), Xinergy Ltd. (Western District of Virginia), Hard Rock Exploration, Inc. (Southern District of West Virginia) and New Trinity Coal, Inc. (Southern District of West Virginia).
 

Special Counsel Services, Bankruptcy Trustee Representation, Bankruptcy Litigation

  • Ms. Rapp has represented the Liquidating Trustee in LandAmerica Financial Group, Inc. (Eastern District of Virginia) in litigation of fraudulent conveyances and professional liability claims.  Ms. Rapp has also served as special litigation counsel to the debtor in possession in Storehouse, Inc. (Eastern District of Virginia) in pursuing hundreds of avoidance actions.  Ms. Rapp has also represented the Liquidating Trustee in Champion Enterprises, Inc. (Delaware) in administering the trust.
  • Ms. Rapp has represented the receiver in several receiverships prosecuted by the Securities Exchange Commission and the Commodities and Futures Trading Commission.
  • Ms. Rapp has also represented state court receivers, including the special receiver appointed for Capital Components & Millwork, Inc. in Fauquier County Circuity Court.
 

Continuing Care Retirement Communities

  • Ms. Rapp represented the debtor in a successful chapter 11 reorganization of a continuing care retirement community.   Ms. Rapp’s work as counsel for the debtor involved restructuring secured municipal bonds and obtaining a release of the moratorium on the collection of entrance fees imposed by the Virginia State Corporation Commission and the Virginia Department of Insurance.
 

Creditors’ Rights and Preference Defense

  • Ms. Rapp has significant experience representing a variety of trade creditors in defending avoidance actions.  Ms. Rapp also has substantial experience representing equipment leasing companies, landlords, and lenders in a number of Chapter 11 cases involving adequate protection payments, use of cash collateral, lien validity and priority litigation, avoidance action litigation, and litigation involving the debtor’s assumption and/or rejection of leases and other executory contracts.
PRESENTATIONS & PUBLICATIONS

Presenter: Gotchas that Getcha, Continuing Legal Education Weekend for the Association of Commercial Finance Attorneys, (2023)

Author: The Avoidability of Intercorporate Guaranties, 24 BANKR. L. NEWS, no. 19, at 6 (2015)

Co-Author: The New Age of Credit Support for Middle Market Lending, 16 Westlaw Journal Bank & Lender Liability, no. 56, at 3 (2010)

Co-Author: Intercorporate Guaranties: Best Practices for Turbulent Times, 24 Com. Lending R., no. 1, at 14 (2009)

Co-Author: Are Attorneys “Debt Relief Agencies” Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 23 BANKR. L. NEWS, no. 2, at 8 (2007)

Author: Sell v. United States: Involuntary Administration of Antipsychotic Medication to Criminal Defendants, 38 U. RICH. L. REV. 1047 (2004)

ARTICLES

Women's History Month - Organizations We Support 2023

In celebration of Women's History Month and the contributions and dedication of our female attorneys, we are spotlighting nonprofits and organizations we have sponsored, been involved with and supported throughout the past year.

Women's History Month - Organizations We Support

In celebration of Women's History Month and the contributions and dedication of our female attorneys, we are spotlighting nonprofits and organizations we have sponsored, been involved with and supported throughout the past year.

NEWS

36 Whiteford Attorneys Named Super Lawyers and Rising Stars

Whiteford, Taylor & Preston is pleased to announce that thirty-six of its attorneys are listed among the 2024 Super Lawyers and Rising Stars in Delaware, District of Columbia, Maryland, New York, Pennsylvania and Virginia.

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.

73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”

73 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2023 (copyright 2022 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington, D.C. offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”

A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


New Partners Elected at Whiteford Taylor & Preston

Whiteford, Taylor & Preston is pleased to announce that L. Katherine Good, Brandy M. Rapp, Jane Saindon Rogers and M. Trent Zivkovich have been named Partners of the firm, effective January 1, 2017.

The firm’s managing partner, Martin T. Fletcher, commented, “It is a privilege to welcome these fine attorneys into their new and expanded roles in the firm. Each of them has continued to make tremendous contributions to our expanding client base and growing geographic profile.” 


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


Five WTP Lawyers Named to Virginia Super Lawyers and Michael Hastings Again Named to "Top 100"

Whiteford Taylor & Preston is pleased to announce that Michael Hastings, Bradford F. Englander and Christopher A. Jones have again been selected as Super Lawyers in Virginia, and Justin Fasano and Brandy Rapp have again been selected as Rising Stars.  In addition, Mr. Hastings was named to the “Top 100” list for all practice areas in Virginia for the second year in a row.


Three WTP Partners Named among Virginia's "2014 LEGAL ELITE" for Bankruptcy/Creditors' Rights

Three partners in the Business Reorganizations & Bankruptcy group at Whiteford Taylor & Preston LLP have been named by Virginia Business as among the state’s top ten vote-getting “Legal Elite” in the field of Bankruptcy/Creditors’ Rights. 
Bradford F. Englander and Christopher A. Jones are based in the firm’s Falls Church office; Michael E. Hastings is based in the Roanoke office.  This was the first listing for Mr. Englander.

63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


Brandy Rapp Selected as "Young Lawyer of the Year" by the Roanoke Bar Association

WTP is pleased to announce that our colleague Brandy Rapp, a member of the Business Reorganizations & Bankruptcy group in the Roanoke office, has been selected as “Young Lawyer of the Year” by the Roanoke Bar Association.  The award was presented to her by the Hon. William F. Stone, Jr., the immediate past Chief Judge of the U.S. Bankruptcy Court for the Western District of Virginia, for whom Ms. Rapp clerked after law school.


Five WTP Lawyers Named to Virginia Super Lawyers and Michael Hastings Named to "Top 100"

Whiteford Taylor & Preston is pleased to announce that Michael Hastings, Bradford F. Englander and Christopher A. Jones have again been selected as Super Lawyers in Virginia, and Justin Fasano and Brandy Rapp have been selected as Rising Stars.  In addition, Mr. Hastings was named to the “Top 100” list for all practice areas in Virginia.