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On January 5, 2009 Smitty's Building Supply, Inc. filed for protection under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Virginia, located in Alexandria, Virginia. According to a January 5, 2009 article in the Washington Business Journal, company CEO Rick Smith stated that the unprecedented decline in the housing industry caused this action. The filing also received coverage in The Deal and on MSN.com.

Venable partner Andrew Currie is one of the proposed debtors' counsel for Smitty's and was mentioned in the article. Partner Larry Katz and associates Kristen Burgers and Abby Clifton also worked on this matter.