Lindsay K. Biggs

profile
  • Associate

Location:

Haymarket, VA

Phone:

Fax:

804-749-8862

Email:

Lindsay has twenty years of experience representing business clients in a wide variety of bankruptcy, consumer finance, and other commercial matters and disputes.  She spent the first six years of her career as an associate in the bankruptcy and creditors' rights practice group of Hunton & Williams LLP and later served as Assistant General Counsel for that firm.

Lindsay has been an associate with The Law Firm of Russell R. Johnson III, PLC for ten years.  She currently represents primarily utilities and other energy companies in commercial and consumer bankruptcy proceedings throughout the United States in connection with issues ranging from obtaining post-petition adequate assurance of payment, preference and other avoidance proceedings, automatic stay violation claims, prepetition and administrative claims, assumption and rejection of contracts, plan objections, and forward contract issues.  In addition, she regularly counsels clients regarding credit and bankruptcy policies and best practices and other bankruptcy-related matters.

Lindsay has developed a particular expertise in defending avoidance actions and has played an instrumental role in the firm’s successful defense of utility clients, both at the bankruptcy court level and throughout appeals at the district court and circuit court levels, in complex preference and fraudulent conveyance actions involving three-party payment arrangements.  See LGI Data Solutions Co., LLC v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), 746 F.3d 350 (8th Cir. 2014); LandAmerica Financial Group, Inc. v. Southern California Edison Co. (In re LandAmerica Financial Group, Inc.), 525 B.R. 308 (E.D. Va. 2015).

Areas of Practice

  • Bankruptcy/Insolvency Law
  • Commercial Litigation
  • Creditors' Rights

Bar Admissions

  • Virginia Supreme Court, 1996
  • U.S. District Court Eastern District of Virginia, 1997
  • U.S. Bankruptcy Court Eastern District of Virginia, 1997
  • U.S. Bankruptcy Court Western District of Virginia, 1998

Education

  • Washington and Lee University School of Law, Lexington, Virginia
    • J.D. - 1996
    • Honors: magna cum laude
    • Honors: Order of the Coif
    • Honors: Howard Milton Colvin Scholarship
  • Wake Forest University, Winston-Salem, North Carolina
    • B.A. - 1993
    • Honors: summa cum laude
    • Honors: With Honors
    • Honors: Dean's List
    • Major: Economics

Published Works

  • Enforcing Conventional Morality Through Taxation?: Determining the Excludability of Employer-Provided Domestic Partner Health Benefits Under Sections 105(b) and 106 of the Internal Revenue Code, 53 Wash. & Lee L. Rev. 301, 1, 1996

Representative Cases

  • LGI Data Solutions Co., LLC v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), 746 F.3d 350 , 2014, 8th Circuit
  • LandAmerica Financial Group, Inc. v. Southern California Edison Co. (In re LandAmerica Financial Group, Inc.), 525 B.R. 308 , 2015, E.D. Va.

Classes/ Seminars

  • Featured Speaker on Defending Preference and Fraudulent Conveyance Actions, 22nd Annual Utility Bankruptcy Conference: 2016
  • Featured Speaker on Defending Fraudulent Conveyance Actions, 21st Annual Utility Bankruptcy Conference: 2014
  • Featured Speaker on Defending Preference & Fraudulent Transfer Actions, 20th Annual Utility Bankruptcy Conference: 2013
  • Featured Speaker on Preference Issues, 12th Annual Utility Bankruptcy Conference: 2003

Professional Associations and Memberships

  • Virginia State Bar, Admitted, 1996 to Present
  • Richmond Bar Association, Finance Committee, 2000 to 2003

Past Employment Positions

  • Hunton & Williams LLP, Assistant General Counsel, 2008 to 2009
  • Kepley Broscious & Biggs, PLC, Member, 2007 to 2008
  • Law Firm of Russell R. Johnson III, PLC, Associate, 2002 to 2006
  • Hunton & Williams LLP, Associate, 1996 to 2002

Fraternities/ Sororities

  • Phi Beta Kappa
  • Omicron Delta Epsilon