David W. Gaffey

David W. Gaffey

T: 703.280.3374
F: 202.327.6158

  • Bankruptcy
  • Bankruptcy Litigation
  • Business Reorganization
  • Bankruptcy Trustee Representation
  • Pre-Bankruptcy Planning
  • Loan Workouts and Financial Restructuring
  • Creditors’ Rights and Preference Defense
  • Commercial/Business Litigation


  • Listed in Virginia Super Lawyers as a "Rising Star": 2016 - present

Memberships & Activities

  • Member: American Bankruptcy Institute
  • Member: American Bar Association
  • Member: Virginia Bar Association
  • Member: Walter Chandler American Inn of Court (Washington, D.C. chapter)
  • Vice President and Chair: Young Lawyers Division, Northern Virginia Bankruptcy Bar Association
  • Member: Turnaround Management Association
  • Member: Duke Club of Washington
  • Member: Duke University Alumni Admissions Advisory Committee

Co-Author: “Bankruptcy Practice in Virginia,” The Virginia Law Foundation, Chapter 13:  Compensation for Attorneys and Other Professionals, Virginia CLE (2017)

Author: Stern v. Marshall in Virginia, 24 Bankr. L. News, no. 10, at 1 (2013)

Author: Bankruptcy Law, 47 Univ. Richmond L. Rev. 51 (2012)

Author: Outsourcing Infrastructure: Expanding the Use of Public-Private Partnerships in the United States, 39 Pub. Cont. L.J. 351 (2010)


Bankruptcy Issues: Automatic Stay

A resident filing for bankruptcy can have a serious impact on the financial outlook of a community association.  The financial impact on a community association can go well beyond lost dues, however.  A fundamental purpose of the Bankruptcy Code (11 U.S.C. § 101 et seq.) is to give a person in bankruptcy (a “debtor”) a “fresh start.”  To advance this purpose, the code imposes restrictions on creditors, including community associations, once a resident files for bankruptcy.  One of these restrictions is found in Section 362 of the Bankruptcy Code, which imposes an “automatic stay” upon the filing of a bankruptcy case that prohibits certain actions against a debtor in order to give the debtor time to reorganize its financial affairs.  The scope of the automatic stay is extremely broad.