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Eric J. Breithaupt

Eric J. Breithaupt

As a Member of the firm, Eric's practice focuses on general civil litigation with an emphasis on business related bankruptcy and commercial cases. Eric has extensive experience in litigation involving health care issues, secured transactions, corporate governance, trade secrets and accounting fraud.  He is a member of the Creditors' Rights & Bankruptcy Service Group and the Business Litigation Service Group in the Atlanta office.

Reported Decisions

  • Bender Shipbuilding & Repair Co. v. Oil Recovery Co., 479 B.R. 899 (Bankr. S.D. Ala. 2012)
  • Natchez Regional Medical Center v. Quorum Health Resources, LLC, 2012 WL 2931190 (S.D. Miss.)
  • In re Cello Energy, LLC, Bankr. 2012 Bankr. LEXIS 1533 (S.D. Ala.)
  • Double A Trailer Sales Inc. v. Dorsey Trailer Co. (In re Dorsey Trailer Co.), 2009 WL 764572 (Bankr. M.D. Ala.)
  • Thompson Props. 119 AA 370, Ltd. v. Birmingham Hide & Tallow Co., 897 So. 2d 248 (Ala. 2004)
  • Serra Chevrolet, Inc. v. Hock, 891 So. 2d 844 (Ala. 2004)
  • W.R. Huff Asset Mgmt. Co. v. Kohlberg Kravis Roberts & Co., 234 F. Supp. 2d 1218 (N.D. Ala. 2002)
  • Thompson Props. v. Birmingham Hide & Tallow Co., 839 So. 2d 629 (Ala. 2002)
  • In re Rivera, 280 B.R. 699 (Bankr. S.D. Ala. 2001)
  • In re Robinson, 240 B.R. 70 (Bankr. N.D. Ala. 1999)
  • Wyers v. Keenon, 762 So. 2d 353 (Ala. 1999)
  • In re Golden Mane Acquisitions, Inc., 243 B.R. 773 (Bankr. N.D. Ala. 1999)
  • In re Golden Mane Acquisitions, Inc., 221 B.R. 963 (Bankr. N.D. Ala. 1997)
  • In re Condra, 212 B.R. 987 (Bankr. M.D. Ala. 1997)
  • AmSouth Bank, N.A. v. J & D Fin. Corp., 679 So. 2d 695 (Ala. 1996)
  • In re Jove Eng’g, Inc., 92 F.3d 1539 (11th Cir. 1996)
  • City of Mobile v. GSF Props., Inc., 531 So. 2d 833 (Ala. 1988)

Recent Assignments

  • During 2017, collected over $12,470,000 for clients in disputed or litigated commercial and real estate matters.
  • Served as lead counsel in the successful mediation of a former Chief Financial Officer alleged to have engaged in a RICO scheme.
  • Served as lead counsel in obtaining a dismissal of an internationally known movie producer from a case alleging securities fraud.
  • Lead counsel to a major secured creditor in a franchise finance matter involving competing plans of reorganization as to a regional restaurant chain
  • Served as lead creditor's counsel in a contested involuntary bankruptcy of a 100-year old shipyard in an effort to recover a $45 million claim which eventually resulted in a confirmed Chapter 11 plan
  • Acted as a principal member of the litigation team for a bankruptcy trustee of a failed nationally known retailer.  Through aggressive litigation of fraud, accounting malpractice and breach of fiduciary claims, the case was resolved on terms reported by the Wall Street Journal.

Recent News, Articles & Speaking Engagements

More Than Stites & Harbison

An avid cook and cyclist, Mr. Breithaupt is a native of Alabama having relocated to Atlanta is 2012. Mr. Breithaupt continues to maintain a significant practice in Alabama.

Professional Accolades

Martindale-Hubbell® AV-Preeminent® Peer Review Rated

Best Lawyers in America®, Bankruptcy, Creditor/Debtor Rights/Insolvency and Reorganization law and Litigation - Bankruptcy (2010-18)

Birmingham Magazine, "Top Attorney" for bankruptcy law (2009)