Tom Repczynski is an Estates and Trust litigator, real estate litigation lawyer, and Principal with Offit Kurman’s Bankruptcy and Restructuring Practice Group. A creditor-side bankruptcy attorney, Tom focuses his practice in general commercial and civil litigation with an emphasis on fiduciary disputes, creditors' rights enforcement, and real estate related matters of all types. Tom represents an array of lenders, businesses, and individual clients from across the country in federal, bankruptcy, and state courts as well as ADR and administrative proceedings with a broad range of estate and trust (i.e. inheritance related) disputes and general business contract and tort issues. Tom's bankruptcy-related experience has most recently emphasized non-debtor spouse priority claim matters (advising and assisting divorce/family law counsel), commercial landlord and Chapter 7 panel trustee representation, and includes nearly 20 years of preference claims defense, and other secured, unsecured, and priority creditor representation in Chapter 7, Chapter 11, and Chapter 13 bankruptcy proceedings with both local and national implications.
Awards and Points of Distinction
Recognized among Virginia's top litigation lawyers, Tom has been selected to the Super Lawyers® annual list of Virginia Estate and Trust Litigation attorneys in 2014, 2015 and again in 2016. Additionally, Tom's work as a creditor's bankruptcy attorney has been recognized on the SmartCEO® Legal Elite list (December 2010). He is a two-time recipient of the Fairfax Bar Association's President's Award and a member of the Leadership Fairfax Class of 2010.
- “’De Facto Wills’: Estate Planning’s Dirty Little Secret?” Virginia State Bar Trusts and Estates Section Newsletter, Vol. 22 No. 13 (Fall 2015).
- "Bankruptcy & Domestic Relations Law: How to Protect Your Clients," co-presented to Fairfax Bar Association (June 2013).
- "Demystifying Bankruptcy," presented to Virginia Society of Enrolled Agents (NOVA Chapter) (September 2012).
- Demystifying Bankruptcy for Estate Planners," presented to Fairfax Bar Association (Wills, Trusts and Estates Section)(May 2012); Arlington Bar Association, Trusts and Estates Section (March 2012); McLean Estates Planning Council (March 2012).
- Tom has been a frequent lecturer on bankruptcy and creditor’s rights-related issues at the local, regional, and Virginia-state levels.
- “Avoiding the Bankruptcy Blues: Pre-petition preference preparedness”, Electrical Contractor Magazine, December 2009.
Tom served the Office of the Independent Counsel (Starr) as Law Clerk and interned at the Department of Justice and for the Honorable Christine Odell Cook Miller, U.S. Court of Federal Claims. Prior to receiving his law degree, Tom worked as the Staff Aide to the President of the National Insurance Crime Bureau and its predecessor, the Insurance Crime Prevention Institute.
- Wagner v. Wagner, Case No. CL2014-12283 (Va. Cir. Ct. 2015) (Fairfax) (Kassabian, J.). Successful trial defense of alleged fraud on the court during 1999 divorce proceedings. (Matter is currently on appeal to the Court of Appeals, Record No. 1733-15-4.)
- Wakeley v. Franca, et al., Case No. CL2014-14848 (Va. Cir. Ct. 2015) (Fairfax) (Shannon, J.) Secured pretrial ruling upholding right of attorneys-in-fact under Power of Attorney to file claim for elective share claim of surviving spouse. (Matter is currently on appeal to the Virginia Supreme Court on other grounds, Record No. 160558, petition for writ pending).
- Moyer v. Batchelder, Case No. CL 12-7271 (Va. Cir. Ct. 2014) (Prince William) (Johnson, J.). Secured favorable pretrial summary case disposition denying former spouse’s constructive trust claim against decedent spouse’s federal employee life insurance proceeds.
- Bank of Am., N.A. v. Sands, 2012 U.S. App. LEXIS 14962 (4th Cir. July 18, 2012). Appellate win after assisting in successful defense of business owner/seller of having allegedly defrauded buyer’s lender.
- Mountjoy v. Smith, Case No. CL08-300 (Va. Cir. Ct. 2009) (Fauquier) (Parker, J.). Successful trial use of dead man’s statute preserving beneficiary’s claims to approximately $1.5 million in liquid assets. [Note: Adverse pretrial partial summary judgment letter ruling disallowed estate planning by attorney-in-fact as having exceeded authority of applicable general power of attorney document. Reported at Mountjoy v. Smith, 78 Va. Cir. 152 (2009), aff’d sub nom. Smith v. Mountjoy, 280 Va. 46, 694 S.E.2d 598 (Va. 2010).]
- Bison Building Company, LLC v. William N. Brown, 70 Va. Cir. 348, 2006 Va. Cir. LEXIS 51 (Va. Cir. Ct. Apr. 5, 2006) (Fairfax) (Vieregg, J.). Successful trial defense of alleged slander of title by lis pendens, etc.
- Sacks v. Fain, et al., Record No. 051408 (Va. S.Ct. 2005) (writ denied). Successfully opposed fiduciary’s petition for writ to Virginia Supreme Court challenging trial court’s holographic will interpretation and ordering executor’s removal.
- Fadel v. El-Khoury, 65 Va. Cir. 201, 2004 Va. Cir. LEXIS 115 (Va. Cir. Ct. Jul. 15, 2004) (Arlington) (Alper, J.), writ denied, Record No. 042694 (Va. S.Ct. 2005). Successfully opposed petition for writ to Virginia Supreme Court after trial court victory voiding 1992 default judgment.
- Wells v. Morrison-Rodriguez, et al., Record No. 030519 (Va. S.Ct. 2003) (writ denied). Successfully opposed petition for writ to Virginia Supreme Court after having fiduciary removed and replaced and held personally accountable to beneficiaries for all legal fees.
- In re: Lewis C. Bishop, Jr. (Airlines Reporting Corporation v. Bishop), 276 B.R. 737, 2001 Bankr. LEXIS 1873 (Bkrtcy. W.D. Va. 2001) (Roanoke) (Stone, J.). Successfully held travel agent personally liable for non-dischargeable breaches of trust and defalcation while acting in fiduciary capacity.