Member

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, as well as recently assisting a start-up manufacturing entity in its intellectual property and patent needs. He is a member of the Creditors' Rights & Bankruptcy Service Group and the Business Litigation Service Group in the Atlanta office.

Recent News, Articles & Speaking Engagements

Bankruptcy Discharge Trumps PACA, But Does It Really?

Collecting a Judgment

Webinar, July 8, 2020

Asset Recovery Orders/Replevin Overview & Local Rules

Webinar, June 30, 2020

Proofs of Claim and Adequate Protection

Webinar, June 19, 2020

Hot Bankruptcy Decisions of 2019

Webinar, June 10, 2020

Debt Traps, Easy Filing Rules Fuel Georgia's High Bankruptcy Rate

American Bankruptcy Institute Bankruptcy Headlines, November 26, 2019

Debt traps, easy filing rules fuel Georgia's high bankruptcy rate

by Willoughby Mariano, Atlanta Journal-Constitution, November 25, 2019

Mary Beth Mantiply v. Patricia Horne: A Case Study

Supreme Court Reins In the Evolving Process of "Structured Dismissals"

A Proposed Solution to Georgia's Broken Garnishment Statutes

Commentary, Daily Report, October 9, 2015

Discharge of debts: The potential unintended consequences of issuing a Form 1099-C

Passing Constitutional Muster after Strickland v. Alexander

Recent Assignments
Reported Decisions
Bar Admissions
Alabama
Georgia
Tennessee
U.S. Court of Appeals for the 11th Circuit
U.S. District Court for the Middle District of Alabama
U.S. District Court for the Middle District of Georgia
U.S. District Court for the Northern District of Alabama
U.S. District Court for the Northern District of Georgia
U.S. District Court for the Southern District of Alabama
U.S. Tax Court
Memberships
Alabama State Bar Association
American Bankruptcy Institute
American Bar Association, Health Law Section
Tennessee Bar Association
State Bar of Georgia
Education
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.

Accolades

Martindale-Hubbell® AV-Preeminent® Peer Review Rated

Best Lawyers in America®, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation - Bankruptcy (2010-23)

Birmingham Magazine, "Top Attorney" for Bankruptcy Law (2009)

M Hicon 2020
Breithaupt Best Law2023
See more related to Eric J. Breithaupt
Client Alerts

Bankruptcy Discharge Trumps PACA, But Does It Really?

In a case of first impression, the 11th Circuit Court of Appeals ruled in Spring Valley Produce, Inc. et al. vs. Forrest, ____ F.3d____(11th Cir. Case Number 21-12133) on August 31, 2022, that the right to a discharge in bankruptcy trumps the longstanding language of the Perishable Agricultural Commodities Act (“PACA”)(7 U.S.C. §499a-499t) which purports to bar bankruptcy relief under theories of fiduciary duties owed to certain sellers of agricultural products.

by Eric J. Breithaupt September 07, 2022
Press Releases

Stites & Harbison, PLLC Lawyers Named to 2023 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 98 of its lawyers are included in the 2023 Edition of The Best Lawyers in America©. Additionally, 11 Stites & Harbison attorneys are named as “Lawyer of the Year” and 19 attorneys are recognized in “Best Lawyers: Ones to Watch,” which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.

by Stites & Harbison, PLLC August 18, 2022
Press Releases

Stites & Harbison, PLLC Lawyers Named to 2022 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 93 lawyers are included in the 2022 Edition of The Best Lawyers in America©. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Additionally, 11 attorneys are named as “Lawyer of the Year” and 14 attorneys are recognized in “Best Lawyers: Ones to Watch,” which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.

by Stites & Harbison, PLLC September 01, 2021
Press Releases

Stites & Harbison, PLLC Lawyers Named to 2021 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 82 lawyers are included in the 2021 Edition of The Best Lawyers in America©.

by Stites & Harbison, PLLC August 20, 2020
Client Alerts

New Bankruptcy Law May Increase Small Business Filings

On Wednesday, February 19, 2020, the Small Business Reorganization Act of 2019 creating a new Subchapter V for small-business debtors (less than $2,725,625 in debt) becomes effective. The purpose of this act is to eliminate some of the costly elements of a business bankruptcy reorganization and streamline the procedures.

by Brian R. Pollock, Erika R. Barnes, Eric J. Breithaupt, Elizabeth Lee Thompson, and Stites & Harbison February 18, 2020
Press Releases

Best Lawyers in America Honors 75 Stites & Harbison attorneys for 2020

LOUISVILLE, Ky.—The Best Lawyers in America© 2020 has recognized 75 Stites & Harbison, PLLC attorneys as selected by their peers in 49 areas of practice. Forty-three of those attorneys selected have been honored for 10 consecutive years or more.

by Stites & Harbison, PLLC August 22, 2019
Client Alerts

Mary Beth Mantiply v. Patricia Horne: A Case Study

What is a Court to do when an attorney knowingly violates the automatic stay in bankruptcy, and after being sanctioned for that transgression, challenges an award of attorney’s fees at every possible opportunity? In its...
by Eric J. Breithaupt December 07, 2017
Press Releases

Best Lawyers in America honors 79 Stites & Harbison attorneys for 2018

LOUISVILLE, Ky.—The Best Lawyers in America© 2018 has recognized 79 Stites & Harbison, PLLC attorneys as selected by their peers in 51 areas of practice. The number of honorees increased since last year, 74 to...
by Stites & Harbison, PLLC August 17, 2017