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. 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

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, Creditor/Debtor Rights/Insolvency and Reorganization Law and Litigation - Bankruptcy (2010-20)

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

Mhicon
Breithaupt Best Law2020
See more related to Eric J. Breithaupt
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
Client Alerts

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

The term "absolute priority rule" does not appear in the Bankruptcy Code. Rather, it is a "creature of law antedating the current Bankruptcy Code." Bank of Am. Nat'l Trust & Sav. Ass'n v. 203 N...
by Eric J. Breithaupt April 05, 2017
Press Releases

Best Lawyers in America honors 74 Stites & Harbison attorneys for 2017

LOUISVILLE, Ky.—The Best Lawyers in America© 2017 has recognized 74 Stites & Harbison, PLLC attorneys as selected by their peers in 51 areas of practice. The Best Lawyers in America© is a nationally recognized referral...
by Stites & Harbison, PLLC August 29, 2016
Client Alerts

Counsel Beware: The Eleventh Circuit Expands the Liability of Creditor's Lawyers under the FDCPA

In a decision published on March 25, 2016, the Eleventh Circuit has joined three other Circuits in broadening the duties of a creditor’s counsel under the Fair Debt Collection Practices Act (“FDCPA”) when communicating with...
by Eric J. Breithaupt April 27, 2016
Client Alerts

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

In the typical bad debt situation, a financial institution will issue a Form 1099-C to the Internal Revenue Service (“IRS”) and the borrower when a loan is written off. That administrative act is proving to...
by Eric J. Breithaupt October 07, 2015
Client Alerts

Passing Constitutional Muster after Strickland v. Alexander

In a forty-eight page decision released on September 9, 2015, the Court in Strickland v. Alexander, (U.S. D. Ct. N. D. Ga. Case Number 1:12-CV-02735-MHS) struck down portions of Georgia’s garnishment statute, O.C.G.A. §18-4-60 et...
by Eric J. Breithaupt September 15, 2015
Press Releases

Best Lawyers honors 72 Stites & Harbison attorneys for 2016

(image) LOUISVILLE, Ky.—The Best Lawyers in America® 2016 has recognized 72 Stites & Harbison, PLLC attorneys as selected by their peers in 50 areas of practice. The Best Lawyers in America® is a nationally recognized...
by Stites & Harbison, PLLC August 20, 2015
Creditors' Sidebar

“THE WORLD WILL NOT END IN FIRE, OR ICE, BUT IN A BANKRUPTCY COURT” – WELLNESS INTERNATIONAL NETWORK, LTD. v. SHARIF

In a six to three majority decision, the Supreme Court limited the impact of Stern v. Marshall, 564 U.S. 2 (2011) by holding in Wellness International Network, Ltd. v. Sharif, 575 U.S.___(2015) ( decided on...
by Eric J. Breithaupt May 27, 2015
Press Releases

Best Lawyers honors 89 Stites & Harbison attorneys for 2015

(image) LOUISVILLE, Ky.—The Best Lawyers in America® 2015 has recognized 89 Stites & Harbison, PLLC attorneys as selected by their peers in 57 areas of practice. The Best Lawyers in America® is a nationally...
by Stites & Harbison, PLLC August 22, 2014
Client Alerts

Protecting the Lender: Strategies for Extending Credit to Health Care Providers

Contrary to popular belief, lending to a doctor is risky business. The business of a health care provider is specialized, and therefore requires specialized lending. Lenders cannot simply repackage loan documents used for other...
by Eric J. Breithaupt July 21, 2014
Creditors' Sidebar

Protecting the Lender: Strategies for Extending Credit to Health Care Providers

Contrary to popular belief, lending to a doctor is risky business. The business of a health care provider is specialized and, therefore requires specialized lending. Lenders cannot simply repackage loan documents used for other industries...
by Eric J. Breithaupt June 19, 2014
Press Releases

Eighty-nine Stites & Harbison attorneys honored by Best Lawyers in America for 2014

LOUISVILLE, Ky.—Stites & Harbison, PLLC, is pleased to announce that 89 of our attorneys were recently selected by their peers for their work in 57 areas of practice in The Best Lawyers in America®...
by Stites & Harbison PLLC August 27, 2013
Client Alerts

Welcome to the linguistic neighborhood: Defalcation after Bullock v. Bankchampaign, N.A.

In a unanimous decision released on May 13, 2013, in Bullock v. Bankchampaign, 569 U.S. ___ (2013), the United States Supreme Court answered the question as to the legal definition of “defalcation” in the...
by Eric J. Breithaupt June 19, 2013
Press Releases

Stites & Harbison welcomes attorney Eric Breithaupt

ATLANTA—Stites & Harbison, PLLC, is pleased to announce that attorney Eric J. Breithaupt has joined the firm’s Atlanta office as a member of the firm. Before joining Stites & Harbison, Eric Breithaupt was a...
by Stites & Harbison, PLLC January 14, 2013