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.
Collecting a Judgment
Webinar presented to John Deere, July 8, 2020
Collecting a Judgment
Webinar presented to John Deere, July 8, 2020
Asset Recovery Orders/Replevin Overview & Local Rules
Webinar presented to John Deere, June 30, 2020
Proofs of Claim and Adequate Protection
Webinar presented to John Deere, June 19, 2020
Hot Bankruptcy Decisions of 2019
Webinar presented to John Deere, 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
A Proposed Solution to Georgia's Broken Garnishment Statutes
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.
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)
University of Alabama School of Law
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Law & Psychology Review, Assistant Editor
University of South Alabama
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Omicron Delta Kappa, Honorary Member
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.
Martindale-Hubbell® AV-Preeminent® Peer Review Rated
Best Lawyers in America®, Bankruptcy, Creditor/Debtor Rights/Insolvency and Reorganization Law and Litigation - Bankruptcy (2010-20)
Birmingham Magazine, "Top Attorney" for Bankruptcy Law (2009)
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.
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.
Mary Beth Mantiply v. Patricia Horne: A Case Study
Best Lawyers in America honors 79 Stites & Harbison attorneys for 2018
Supreme Court Reins In the Evolving Process of "Structured Dismissals"
Best Lawyers in America honors 74 Stites & Harbison attorneys for 2017
Counsel Beware: The Eleventh Circuit Expands the Liability of Creditor's Lawyers under the FDCPA
Discharge of debts: The potential unintended consequences of issuing a Form 1099-C
Passing Constitutional Muster after Strickland v. Alexander
Best Lawyers honors 72 Stites & Harbison attorneys for 2016
“THE WORLD WILL NOT END IN FIRE, OR ICE, BUT IN A BANKRUPTCY COURT” – WELLNESS INTERNATIONAL NETWORK, LTD. v. SHARIF
Best Lawyers honors 89 Stites & Harbison attorneys for 2015
Protecting the Lender: Strategies for Extending Credit to Health Care Providers
Protecting the Lender: Strategies for Extending Credit to Health Care Providers
Eighty-nine Stites & Harbison attorneys honored by Best Lawyers in America for 2014
Welcome to the linguistic neighborhood: Defalcation after Bullock v. Bankchampaign, N.A.
Stites & Harbison welcomes attorney Eric Breithaupt